Private orations. With an English translation by A.T. Murray

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Digitized by the Internet Archive
in 2008 with funding from
Andrew W. Mellon Foundation

https://archive.org/details/privateorationsw02demouoft

THE LOEB CLASSICAL LIBRARY

FOUNDED BY JAMES LOEB, LL.D.

EDITED BY
+ T. E. PAGE, ¢.n., LittT.p.
EB. CAPPS, pPu.p., LL.D: W. H. D. ROUSE, uirrt.n.

DEMOSTHENES
PRIVATE ORATIONS

II

DEMOSTHENES
PRIVATE ORATIONS

WITH AN ENGLISH TRANSLATION BY

A. T. MURRAY, Pu.D,, LL.D.

EMERITUS PROFESSOR OF CLASSICAL LITERATURE,
STANFORD UNIVERSITY, CALIFORNIA

IN FOUR VOLUMES

CAMBRIDGE, MASSACHUSETTS
HARVARD UNIVERSITY PRESS
LONDON
WILLIAM HEINEMANN LTD
MCMXXXIX

PA
394.9
6 {798
Ve

Printed in Great Britain

-,ῃ

CONTENTS

PAGE
BIBLIOGRAPHY . : : : : Σ . E vii
TasLe oF ATHENIAN ΜΌΝΕΥ : : : Vill
= AN UNKNOWN PLEADER AGAINST SPUDIAS IN THE
MATTER OF A MarriaGe Portion—
Introduction . ᾿ ἔ : : : : 2
Text and Translation . : : ; : 4.
AN UNKNOWN PLEADER AGAINST PHAENIPPUS IN
THE MATTER OF AN EXCHANGE OF PROPERTIES—
Introduction . : : : ; ; : 28
Text and Translation . ᾿ : : ; 30
SosITHEUS AGAINST MaAcarTATUS IN REGARD TO
THE Estate oF HaGnias—
Introduction . : : ᾿ς ᾿ ι : 57
Text and Translation . ‘ , 3 : 60
ARISTODEMUS AGAINST LEOCHARES REGARDING THE
Estate or ARCHIADES—
Introduction . d ν 2 : ᾿ . 123
Text and Translation . . , : . 126

CONTENTS

APOLLODORUS AGAINST STEPHANUS, CHARGED WITH
Giving Fatse TEstimony—

I. Introduction

Text and Translation
II. Introduction

Text and Translation

AN UNKNOWN PLEADER AGAINST EVERGUS AND
MNESIBULUS, CHARGED WITH GIVING FALSE
TEsTIMONY—

Introduction
Text and Translation
CALLISTRATUS AGAINST OLYMPIODORUS, AN ACTION
For DamaGEes—
Introduction
Text and Translation
APOLLODORUS AGAINST TIMOTHEUS IN THE MATTER
or A Desr—
Introduction
Text and Translation

vi

PAGE

173
178
24.2
24.4.

334

373
376

BIBLIOGRAPHY

The editions of Demosthenes in the Teubner and Oxford
series.

Arnold Schaefer, Demosthenes und seine Zeit, Leipzig,
1858.

F. Blass, Die attische Beredsamkeit, ed. 2, Leipzig, 1893.

S. H. Butcher, Demosthenes, London, 1881.

A. W. Pickard-Cambridge, Demosthenes, New York and
London, 1914.

C. R. Kennedy, The Orations of Demosthenes, translated
with notes, ete., five vols. in Bohn’s Classical Library.

R. Dareste, Les Plaidoyers civils de Démosthéne, Paris,
1875.

W. H. Kirk, Demosthenic Style in the Private Orations,
Baltimore, 1895.

S. Preuss, Index Demosthenicus, Leipzig, 1895.

A. Boeckh, The Public Economy of Athens, translated by
Lewis, London, 1842; ed. 2, translated by Lamb, Boston,
1857.

K. F. Hermann, Lehrbuch der griechischen Rechtsalter-
thuemer, ed. 3, revised by Thalheim, Freiburg, 1884.

G. Ε΄ Schoemann, Antiquities of Greece, translated by
Hardy and Mann, London, 1890.

Gardner and Jevons, Manual of Greek Antiquities, New
York, 1895.

L. Whibley, Companion to Greek Studies, Cambridge,
1931.

Meier und Schoemann, Der attische Process, revised by
Lipsius, Berlin, 1883-1887.

Lipsius, Das attische Recht, 1905-1912.

TABLE OF ATHENIAN MONEY

1 Talent =60 Minae

1 Mina =100 Drachmae
1 Drachma=6 Obols
1 Obol =8 Chalkoi

(The Talent and the Mina represent values, not coins.)

In bullion value the Talent may be regarded as
worth something more than two hundred Pounds
Sterling, but its purchasing power was very much
greater.

Besides the regular Attic coins there is mention in
these volumes also of the Stater of Cyzicus, the value
of which is given as twenty-eight Attic Drachmae,
and that of Phocaea, a somewhat heavier coin. These
were both of electrum, an alloy of gold and silver.

AGAINST SPUDIAS

VOL. II B

INTRODUCTION

Potyeuctus, an Athenian, had given his two daughters
in marriage, one to the plaintiff in this suit (whose
name is not mentioned) and the other to a certain
Leocrates, his own wife’s brother, whom he also
adopted as his son, since he was himself without male
issue.

The plaintiff maintains that in accordance with the
marriage contract he was to have received with his
wife a portion of forty minae. He received thirty
minae outright, and it was agreed that the other ten
should be paid to him after the death of Polyeuctus.
For this payment Leocrates made himself responsible.
After the lapse of some time a quarrel arose between
Polyeuctus and Leocrates, and as a result Leocrates
severed his connexion with the family, relinquishing
his wife and with her the marriage portion. She was
then given in marriage to Spudias, the defendant in
the present suit, and Polyeuctus mortgaged his house
to the plaintiff to secure for him the ten minae still
due to him, giving directions in his will that pillars in
witness of the mortgage should be set up on the
property.

After the death of Polyeuctus the plaintiff brought
this suit? to recover the money due to him, and in

« The plaintiff claims that he had wished to have the dis-
pute settled out of court, but that Spudias had refused to

2

AGAINST SPUDIAS

addition made some further demands : first, that the
defendant should pay him half a mina as his share of
the cost of a funeral sacrifice offered in memory of
Polyeuctus ; further, that Spudias should pay into
the estate of Polyeuctus eighteen minae, which
he had borrowed from his mother-in-law, and two
minae as the cost of a slave whom he had purchased
from Polyeuctus; and also that he should return
certain articles which he had borrowed. In support of
his claims the plaintiff produces, along with various
depositions, the will of Polyeuctus and some papers
which his widow had left sealed at her death ; and he
deals briefly with counter-arguments which it might
be assumed his opponent would bring forward.

The genuineness of this oration was not doubted in
antiquity, and it is generally accepted as an early
work of Demosthenes. It is discussed by Schaefer,
iii.? pp. 227 ff., and by Blass, iii. pp. 249 ff.
refer it to their common friends who were conversant with all
the facts. The matter appears then to have been referred to
an arbitrator (vol. i. p. 38, note a), or to a board of
arbitrators (the singular is used in §12, and the plural in

§28), whose decision must have been against the plaintiff
since he appeals from their verdict to the Heliastic court.

ΔΗΜΟΣΘΕΝΟΥ͂Σ

XE
ΠΡΟΣ XNOYAIAN YEP IPOIKOX

[1028] ᾿Αδελφὰς ἔχομεν, ὦ ἄνδρες δικασταί, γυναῖκας
> \ \ / e / / /
ἐγὼ καὶ Σπουδίας οὑτοσί, LloAvevKtov θυγατέρας.
ἄπαιδος δ᾽ ἐκείνου τελευτήσαντος ἀρρένων παίδων,
ἀναγκάζομαι πρὸς τοῦτον περὶ τῶν καταλειφθέντων
δικάζεσθαι. καὶ εἰ μέν, ὦ ἄνδρες δικασταί, μὴ
πᾶσαν σπουδὴν καὶ προθυμίαν ἐποιησάμην, βουλό-

\ aA / 2 / >?
μενος διαλύεσθαι καὶ Tots φίλοις ἐπιτρέπειν, ἐμαυ-
τὸν ἂν ἠτιώμην, εἰ μᾶλλον ἡρούμην δίκας καὶ

2 πράγματ᾽ ἔχειν, ἢ μίκρ᾽ ἐλαττωθεὶς ἀνέχεσθαι" νῦν
δ᾽ ὅσῳ πραότερον ἐγὼ καὶ φιλανθρωπότερον τούτῳ
διελεγόμην, τοσούτῳ μᾶλλόν μου κατεφρόνει. καὶ
νῦν κινδυνεύομεν οὐδὲν ὁμοίως πρὸς τουτονὶ τὸν
5 αν Ὁ 19, Se: 3 3 e \ ¢ / / /
ἀγῶν᾽ ἔχειν, ἀλλ᾽ οὗτος μὲν ῥᾳδίως φέρει πολλάκις
> / > Af? > ἴα ~ / > \ > > \
εἰθισμένος ἐνταῦθ᾽ εἰς ὑμᾶς παριέναι, ἐγὼ δ᾽ αὐτὸ
~ ~ \ \ \ > if > ~
τοῦτο φοβοῦμαι, μὴ διὰ τὴν ἀπειρίαν od δυνηθῶ
δηλῶσαι περὶ τῶν πραγμάτων ὑμῖν: ὅμως δ᾽, ὦ
ἄνδρες δικασταί, προσέχετε τὸν νοῦν.
4.

DEMOSTHENES
XE

AN UNKNOWN PLEADER AGAINST
SPUDIAS, IN THE MATTER OF A
MARRIAGE PORTION

THis man Spudias and I, men of the jury, are
married to two sisters, daughters of Polyeuctus.
; Polyeuctus having died without male issue, I am
‘forced to go to law with the defendant in regard to

the property which has been left. And if, men of

the jury, I had not shown all zeal and eagerness in
my desire to find a settlement and to submit the
matters at issue to our friends, I should have blamed
myself for not choosing to suffer a trifling loss rather
than engage in a troublesome lawsuit. But, as it is,
the more gentleness and consideration I used in
talking with the defendant, the more contempt he
showed toward me. And now it appears that in my
contest with him we are in no sense on equal terms,
but he can take the matter lightly, since he has been
accustomed to come often before you, whereas I fear
this very thing, that because of my lack of experience

I may prove unable to explain my case to you. None

the less, men of the jury, I beg you to give heed.

5

bo

9

4
[1029]

or

DEMOSTHENES

Πολύευκτος yap ἦν τις Τειθράσιος,' ὃν ἴσως οὐδ᾽
ὑμῶν τινες ἀγνοοῦσιν. οὗτος ὁ ἸΤολύευκτος, ἐπειδὴ
οὐκ ἦσαν αὐτῷ παῖδες ἄρρενες, ποιεῖται Λεωκράτη
τὸν ἀδελφὸν τῆς ἑαυτοῦ γυναικός. οὐσῶν δ᾽ αὐτῷ
δύο θυγατέρων ἐκ τῆς τοῦ Λεωκράτους ἀδελφῆς,
τὴν μὲν πρεσβυτέραν ἐμοὶ δίδωσι, καὶ τετταράκοντα
μνᾶς προῖκα, τὴν δὲ νεωτέραν Λεωκράτει. τούτων
δ᾽ οὕτως ἐχόντων, διαφορᾶς γενομένης τῷ Πολυ-
εύκτῳ πρὸς τὸν Λεωκράτη, περὶ ἧς οὐκ οἶδ᾽ ὅ τι
δεῖ λέγειν, ἀφελόμενος ὁ [Πολύευκτος τὴν θυγατέρα
δίδωσι Σπουδίᾳ τουτῳί. μετὰ δὲ ταῦτ᾽ ἠγανάκτει
θ᾽ ὁ Λεωκράτης, καὶ δίκας ἐλάγχανε []ολυεύκτῳ
καὶ τουτῳὶ Σπουδίᾳ, καὶ περὶ πάντων ἠναγκάζοντ᾽
εἰς λόγον καθίστασθαι, καὶ τὸ τελευταῖον διελύ-
θησαν, ἐφ᾽ ὧτε ,κομισάμενον τὸν Λεωκράτην ἅπερ
ἦν εἰς τὴν οὐσίαν εἰσενηνεγμένος, μήτε κακόνουν
εἶναι Ἰ]Πολυεύκτῳ, τῶν τε πρὸς ἀλλήλους ἐγκλη-
μάτων ἀπηλλάχθαι πάντων. τίνος οὖν ἕνεχ᾽, ὑμῖν,
ὦ ἄνδρες δικασταί, ταῦτ᾽ εἶπον; ὅτι τὴν προῖκ᾽ οὐ
κομισάμενος ἅπασαν, ἀλλ᾽ ὑπολειφθεισῶν χιλίων
δραχμῶν καὶ ὁμολογηθεισῶν ἀπολαβεῖν, ὅταν
Πολύευκτος ἀποθάνῃ, τέως μὲν ὁ Λεωκράτης
ἣν κληρονόμος τῶν IloAvedKTov, πρὸς ἐκεῖνον ἢν
μοι τὸ συμβόλαιον" ἐπειδὴ δ᾽ ὃ τε Λεωκράτης
ἐξεκεχωρήκειν ὅ τε Ἰϊολύευκτος μοχθηρῶς εἶχε,
τηνικαῦτ᾽, ὦ ἄνδρες δικασταί, τὴν οἰκίαν ταύτην

1 Πειθράσιος] Θριάσιος Blass and the mss. The correction
is due to the discovery by the American excavators in the
Athenian agora of a dedication which mentions ** Cleiocrateia,
daughter of Polyeuctus of Teithras, and wife of Spudias”’;
see Hesperia, vi. (1937), p. 341.

6

AGAINST SPUDIAS, 3-5

Polyeuctus was a man of Teithras,* not unknown, 3
it may well be, to some of you. This Polyeuctus,
since he had no male children, adopted Leocrates, the
brother of his own wife; but since he had two
daughters by the sister of Leocrates, he gave the
elder to me in marriage with a portion of forty minae,
and the younger to Leocrates.? So matters stood, 4
when a quarrel came about between Polyeuctus
and Leocrates, as to the nature of which I know of
nothing which it is incumbent upon me to relate,
and Polyeuctus took away his daughter’ and gave
her in marriage to this man Spudias. After this Leo-
crates, being greatly incensed, brought suit against
Polyeuctus and Spudias here, and they were forced
to render an accounting in regard to all the matters
at issue, and in the end a settlement was reached on
the terms that Leocrates, on receiving back all that
he had brought into the estate, should be reconciled
with Polyeuctus, and that final releases should be
given from all demands made by each upon the
other. Now, why is it, men of the jury, that I have 5
told you this ? Because I did not receive the whole
of my wife’s portion, but a thousand drachmae were
left unpaid with the understanding that I should
receive them on the death of Polyeuctus ; and so
long as Leocrates was the heir of Polyeuctus, it was
he who was responsible to me for the debt ; but when
Leocrates had left the family, and Polyeuctus was
seriously ill, then, men of the jury, to secure the ten

* Teithras was a deme of the tribe Oeneis.

ὃ Marriage between uncle and niece was allowed in ancient
Athens. A man might even marry his half-sister (Oration
LVII § 20).

© This can mean only that he induced his daughter to go
before the Archon and demand a divorce.

a

6

[1030]

DEMOSTHENES

ἀποτιμῶμαι πρὸς Tas δέκα μνᾶς, ἐξ ἧς διακωλύει
με τὰς μισθώσεις κομίζεσθαι Umovdias. πρῶτον
μὲν οὖν ὑμῖν μάρτυρας παρέξομαι τοὺς παραγενο-
μένους, ὅτ᾽ ἠγγύα μοι [Πολύευκτος τὴν θυγατέρ᾽
ἐπὶ τετταράκοντα μναῖς" ἔπειθ᾽ ὡς ἔλαττον ταῖς
χιλίαις ἐκομισάμην" ἔτι δ᾽ ὡς ἅπαντα τὸν χρόνον
ὀφείλειν ὡμολόγει μοι []ολύευκτος, καὶ τὸν Λεω-
κράτην συνέστησε, καὶ τελευτῶν διέθεθ᾽ ὅρους ἐπι-
στῆσαι χιλίων δραχμῶν ἐμοὶ τῆς προικὸς ἐπὶ τὴν
οἰκίαν.
Καί μοι κάλει τοὺς μάρτυρας.

ΜΑΡΤΥΡΕΣ

a A ,ὔ Ss » ,ὔ a > »Μ
Ev μὲν τοίνυν, ὦ ἄνδρες δικασταί, τοῦτ᾽ ἔστιν
> a
ὧν ἐγκαλῶ Σπουδίᾳ. καὶ περὶ τούτου τί ἂν ἔτι
μεῖζον ἢ ἰσχυρότερον ἔχων εἰς ὑμᾶς κατέστην, ἢ
τὸν νόμον, ὃς οὐκ ἐᾷ διαρρήδην, ὅσα τις ἀπετίμη-
- a /

σεν, εἶναι δίκας, οὔτ᾽ αὐτοῖς οὔτε τοῖς κληρονόμοις;

ἰλλ᾽ a \ ~ \ δί iA δί
a ὅμως πρὸς τοῦτο τὸ δίκαιον ἥκει Σπουδίας
5 "4 « ὃ᾽ Ss Μ ὃ ὃ / ὃ /
ἀμφισβητήσων. ἕτερον δ᾽, ὦ ἄνδρες δικασταί, δύο

΄- > ~
μὲν μνᾶς ἐμαρτύρησεν ᾿Αριστογένης ἐγκαλεῖν ἀπο-
θνήσκοντα [Πολύευκτον ὀφειλομένας αὐτῷ παρὰ
~ Ἂ

Σπουδίᾳ καὶ τὸν τόκον (τοῦτο δ᾽ ἐστὶν οἰκέτου
e ΄ .
τιμή, OV ἐωνημένος οὗτος παρὰ []ολυεύκτου, τὴν
τιμὴν οὔτ᾽ ἐκείνῳ διέλυσεν οὔτε νῦν εἰς τὸ κοινὸν
\ ΑΝ
ἀνενήνοχεν), ὀκτακοσίας δὲ καὶ χιλίας, περὶ ὧν
, τ » > 4. / > Ὁ“ δί λέ Ss
οὐδ᾽ ἔγωγ᾽ οἶδα τί ποθ᾽ ἕξει δίκαιον λέγειν. ἦν

« That is, as the person who would be responsible for
payment after his own death.

8

AGAINST SPUDIAS, 5-9

minae, I took a mortgage on this house, the rents
accruing from which Spudias seeks to prevent me
from collecting. In the first place, then, I shall bring 6
before you as witnesses those who were present when
Polyeuctus betrothed his daughter to me with a
portion of forty minae ; then I shall prove that what
I received was less by a thousand drachmae; and fur-
ther that Polyeuctus always admitted that he was in
my debt, and that he introduced to me Leocrates as
guarantor’; and that at his death he directed by
his will that pillars should be set up on the house in
my favour for a thousand drachmae due on account
of my wife's portion.
(To the clerk.) Please call the witnesses.

THe WITNESSES

This, then, men of the jury, is one of the charges 7
which I make against Spudias. And in this matter
what stronger or more solid ground could I have in
coming before you than the law which expressly
ordains that, in all cases where men have given a
mortgage, there shall be no right of action for them
or for their heirs? But nevertheless it is to dispute
this just provision that Spudias has come here. A 8
second claim, men of the jury, is the following:
Aristogenes has deposed that Polyeuctus, when about
to die, charged that there were due him from Spudias
two minae with interest (this was the price of a
domestic slave whom the defendant had bought from
Polyeuctus, but had neither paid the money nor has
now entered it in the general account) ; and further-
more there are eighteen hundred drachmae, regard-
ing which I am myself at a loss to know what reason-
able thing he will have to say. He had borrowed the 9

9

10

[1081]

1

DEMOSTHENES

A A Ἁ > ᾽ὔ A ~ 72
μὲν γὰρ τὸ ἀργύριον παρὰ τῆς [[ολυεύκτου δεδανει-
/ / /
σμένος γυναικός, γράμματα δ᾽ ἔστιν ἃ κατέλιπεν
> ,ὔ ~
ἀποθνήσκουσ᾽ ἐκείνη, μάρτυρες δ᾽ οἱ τῆς γυναικὸς
/
ἀδελφοὶ παρόντες ἅπασι καὶ Kal? ἕκαστον ἐπερω-
~ [ \ A « ~ ” \ > /
τῶντες, ἵνα μηδὲν δυσχερὲς ἡμῖν εἴη πρὸς ἀλλήλους.
οὐκοῦν δεινόν, ὦ ἄνδρες δικασταί, καὶ σχέτλιον,
/, ae " ~
ἐμὲ μὲν ἁπάντων, ὧν ἢ παρὰ lloAvedKtov ζῶντος
ἦν ἐωνημένος ἢ παρὰ τῆς γυναικὸς εἶχον αὐτοῦ,
καὶ τόκον τιθέναι καὶ τὴν τιμὴν ἀποδεδωκέναι, καὶ
~ Ud ~
νῦν ἅπερ ὥφειλον πάντ᾽ εἰς TO κοινὸν φέρειν, τοῦτον
δὲ μήτε τῶν νόμων τῶν ὑμετέρων φροντίζειν μήθ᾽
e / /, 7 A ,
ὧν διέθετο [[ολύευκτος μήτε τῶν καταλειφθέντων
γραμμάτων μήτε τῶν συνειδότων, ἀλλὰ πρὸς ἅπαντα
ταῦθ᾽ ἥκειν ἀντιδικήσοντα.
A / ~ Ἁ A / a Ψ dA
Λαβὲ δή μοι πρῶτον μὲν τὸν νόμον, ὃς οὐκ ἐᾷ
τῶν ἀποτιμηθέντων ἔτι δίκην εἶναι πρὸς τοὺς
,ὔ
ἔχοντας, ἔπειτα τὰ γράμματα τὰ καταλειφθέντα
καὶ τὴν μαρτυρίαν τὴν ᾿Αριστογένους.

ΝΟΜΟΣ. ΓΡΑΜΜΑΤΑ. MAPTYPIA

, , > oo , \ \ a
Βούλομαι τοίνυν, ὦ ἄνδρες δικασταΐ, Kal περὶ TOV
= ἐξ a 7
ἄλλων ὧν ἐγκαλῶ καθ᾽ ἕκαστον ὑμᾶς διδάξαι.
/ \ \ / \ ~ 4
φιάλην μὲν yap λαβόντες παρὰ τῆς IloAvevKTov
/ >
γυναικὸς καὶ θέντες ἐνέχυρα μετὰ χρυσίων, οὐκ
A /
ἀνενηνόχασι κεκομισμένοι ταύτην, ws ὑμῖν Δημό-
Δ Yj
φιλος ὁ θέμενος μαρτυρήσει: σκηνὴν δ᾽ ἣν ἔχουσιν,
la \
οὐδὲ yap ταύτην λαβόντες ἀναφέρουσιν: ἄλλα δὲ
~ A , ~
πόσα τοιαῦτα. τὸ δὲ τελευταῖον εἰσενεγκούσης τῆς

« The word literally means “‘ tent,’ and it is so rendered
10

AGAINST SPUDIAS, 9-11

money from the wife of Polyeuctus, and there are
papers which that lady left behind at her death, and
the lady’s brothers are witnesses, for they were
present at all times and questioned her on every
point, that there might be no unpleasantness between
us. It is, then, an outrageous and cruel thing, men
of the jury, when I on my part, for everything which
I either bought from Polyeuctus during his lifetime
or received from his wife, have duly paid the price
and the interest as well, and am now bringing into the
general account everything which I owed, that this
fellow should show no regard either for your laws or
for the will of Polyeuctus, or for the papers which
have been left, or for those who knew the facts, but
in the face of all this should have come into court to
contest my plea.

(To the clerk.) Please take first the law which
denies the right of action for mortgaged property
against the holders of the mortgage, then the papers
which were left, and the deposition of Aristogenes.

Tue Law. THe Papers. THe DEposIrion

I wish now, men of the jury, to instruct you in
detail also regarding the other claims which I make.
They received from the wife of Polyeuctus a bowl,
which they pawned together with some pieces of
jewelry, and this they have not redeemed and brought
into the general account, as Demophilus, to whom it
was pawned, will testify. They have also some stuff
for hangings,” which they received, but they do not
account for this either; and many more articles of
the same sort. And finally, although my wife

by some scholars in this passage. Harpocration takes it to
mean ‘‘ a parasol.”

11

-

0

DEMOSTHENES

ἐμῆς γυναικὸς εἰς τὰ νεμέσια τῷ πατρὶ μνᾶν
ἀργυρίου καὶ προαναλωσάσης, οὐδὲ ταύτης ἀξιοῖ
συμβαλέσθαι τὸ μέρος, ἀλλὰ τὰ μὲν ἔχει προλαβών,
τῶν δὲ τὰ μέρη κομίζεται, τὰ δ᾽ οὕτω φανερῶς οὐκ
ἀποδίδωσιν.

Ἵνα τοίνυν μηδὲ ταῦτ᾽ ἢ παραλελειμμένα, λαβέ
μοι πάντων αὐτῶν τὰς μαρτυρίας.

ΜΑΡΤΥΡΙΑΙ

" > σι
12 “lows τοίνυν, ὦ ἄνδρες δικασταί, πρὸς μὲν ταῦτ᾽
οὐδὲν ἀντερεῖ Σπουδίας: οὐδὲ γὰρ ἕξει, καίπερ
δεινὸς ὦν: αἰτιάσεται δὲ [Πολύευκτον καὶ τὴν
a? ~ ~ ~
γυναῖκ᾽ αὐτοῦ, καὶ φήσει πάντα ταῦθ᾽ ὑπ᾽ ἐμοῦ
πεισθέντας καταχαρίσασθαι, καὶ νὴ Δί ἕτερα
πολλὰ καὶ μεγάλα βλάπτεσθαι, καὶ δίκην εἰληχέναι
μοι; ταῦτα γὰρ καὶ πρὸς τῷ διαιτητῇ λέγειν ἐπ-
13 εχείρει. ἐγὼ δ᾽, ὦ ἄνδρες δικασταί, πρῶτον μὲν οὐχ
ἡγοῦμαι δικαίαν εἶναι τὴν ἀπολογίαν τὴν τοιαύτην,
~ >
οὐδὲ προσήκειν, ὅταν τις φανερῶς ἐξελέγχηται,
/ \ af, > ~ \ /
[1032] μεταστρέψαντα τὰς αἰτίας ἐγκαλεῖν καὶ διαβάλλειν"
> 3 > / \ wy 3 A ~ a /
ἀλλ᾽ ἐκείνων μὲν, εἴπερ ἀδικεῖται, δῆλον ὅτι δίκην
λήψεται, τούτων δὲ δώσει: πῶς γὰρ ἂν ἐγὼ νῦν ταῖς
΄ ὃ r aA > ὃ / > \ e x Φ if ~
τούτων διαβολαῖς ἀντιδικοίην, ἀφεὶς ὑπὲρ ὧν ὑμεῖς
14 μέλλετε τὴν ψῆφον οἴσειν; ἔπειτα θαυμάζω τί
, > ” > a \ , > > > =
δήποτ᾽, εἴπερ ἀληθῆ καὶ δίκαι᾽ εἶχεν ἐγκαλεῖν,
/ ¢ ~ ~ , / A ~
βουλομένων ἡμᾶς τῶν φίλων διαλύειν καὶ πολλῶν
λόγων γενο ένων, οὐ οἷος ν ἐμμένειν οἷς ἐκεῖνοι
γῶν γενομ ῆ
γνοῖεν. καίτοι τίνες ἂν ἄμεινον καὶ τῶν τούτου καὶ

2 Properly, ‘‘ the Nemeseia,”’ a festival celebrated every
year on the fifth day of the month Boedromion (September).
12

AGAINST SPUDIAS, 11-14

advanced a mina of silver and expended it on her
father’s behalf for the feast of the dead,? the de-
fendant refuses to contribute his share even of this ;
nay, what he has received he keeps ; of other items
he receives his due portion ; but these claims he thus
openly refuses to meet.

Now that these matters too may not be left
neglected, (to the clerk) take, please, the depositions
regarding them all.

Tue DeEpositTions

It may well be, men of the jury, that Spudias will
make no statement to meet these facts; for he will not
be able to do so, clever though he is; but will accuse
Polyeuctus and his wife, and will declare that they
did all these things under my influence and as favours
to me, and that he is being greatly injured in many
other respects, and has brought action against me ;
for this is what he undertook to say before the arbi-
trator also. But for my part, men of the jury, in the
first place I do not think that a defence of that sort is
legitimate, or that it is proper, when one is manifestly
shown to be in the wrong, for him to shift the charges
and have recourse to accusation and calumny; nay,
for his counter-charges, if he is suffering any wrong,
he will plainly receive satisfaction, but for the claims
made on him, he will give it. For how could I now
defend myself against the slanders of these men, if I
passed over the matters upon which you are to give
your verdict ? In the next place I wonder, if he had
true and just demands to make, why it was that, when
our friends wished to settle our differences, and many
conferences were held, he could not abide by their
decision. And yet who could better have exposed

13

_
bo

—

3

10

[1088]

17

DEMOSTHENES

~ ’ ~ > / \ \ y+ > > /
τῶν ἐμῶν ἐγκλημάτων τὰ μηδὲν ὄντ᾽ ἐξήλεγξαν
τῶν παραγεγενημένων ἅπασι τούτοις, τῶν εἰδότων
- ¢€ ~ ~ ~
οὐδὲν ἧττον ἡμῶν τὰ γενόμενα, τῶν κοινῶν ἀμφο-
’ὔ \ / »” > \ ~ [2 J
τέροις καὶ φίλων ὄντων; ἀλλὰ δῆλον ὅτι τούτῳ
ΓΕ > > > / ~ € > ΕῚ ~ >
ταῦτ᾽ οὐκ ἐλυσιτέλει, φανερῶς ὑπ᾽ αὐτῶν ἐξελεγ-
χομένῳ τοῦτον τὸν τρόπον λαβεῖν διάλυσιν: μὴ γὰρ
ΕΣ 9 Ss ” / A > / “
οἴεσθ᾽, ὦ ἄνδρες δικασταί, τοὺς εἰδότας ἅπαντα
ταῦτα, νυνὶ μὲν ὑποκινδύνους αὑτοὺς καθιστάντας
> \ “ / > μὴ 3 / ΝΜ
ἐμοὶ μαρτυρεῖν, τότε δ᾽ ἂν ὀμόσαντας ἄλλο τι
~ \ b} ~ b} \ > 5 > \ A
γνῶναι περὶ αὐτῶν. οὐ μὴν ἀλλ᾽ εἰ Kal μηδὲν
~ - > » ΄
τούτων ὑπῆρχεν ὑμῖν, οὐδ᾽ ὡς χαλεπόν ἐστι γνῶναι
περὶ αὐτῶν, ὁπότεροι τἀληθῆ λέγουσι. περὶ μὲν
A ~ 3 / 5 \ ε 9, > ~ / /
yap τῆς οἰκίας, εἰ φησὶν ὑπ᾽ ἐμοῦ πεισθέντα [odv-
εὐκτον προστάξαι τοὺς ὅρους στῆσαι τῶν χιλίων,
ἰλλ᾽ ) ὃ / A A / ” 3 ΝΣ
ἀλλ᾽ οὐ δήπου καὶ τοὺς μάρτυρας ἔπεισα, ὦ Σπου-
δία, ψευδῆ μοι μαρτυρεῖν, τοὺς παραγενομένους
,
ὅτ᾽ ἠγγύα μοι, τοὺς εἰδότας ἔλαττόν με κομισά-
~ » ,
μενον, τοὺς ἀκούοντας ὁμολογοῦντος ὀφείλειν ἐμοί,
συστήσαντος ἀποδοῦναι, τοὺς τὸ τελευταῖον ταῖς
διαθήκαις παραγενομένους: τούτοις γὰρ ἅπασιν
» / / af? ε ~ > δ
οὐκέτι καταχαρίσασθαι ταῦθ᾽ ὑπῆρχεν, ἀλλὰ κινδυ-
νεύειν τῶν ψευδομαρτυριῶν, εἰ μηδὲν τῶν γενο-
- ~ ,ὔ γι» Ὁ)
μένων μαρτυροῖεν. ἀφῶμεν τοίνυν τοῦτ᾽ ἤδη.
\ > ~ A / nv / > ~ A a
πρὸς ἐκεῖνο δὲ τί av λέγοις; ἀκριβῶς yap ὅπως
\ VA > A / / ες - 5 a>
τουτουσὶ διδάξεις" εἰ δὲ μή, πάντες ὑμεῖς ἀπαιτεῖτ
ΕῚ / a A ly / ~
αὐτόν. ὅτε γὰρ [Πολύευκτος διετίθετο ταῦτα,
παρῆν μὲν ἡ τούτου γυνή, καὶ δῆλον ὅτι τὰς τοῦ
14.

AGAINST SPUDIAS, 14-17

the baselessness of claims advanced by him or by me
than those who were present at all these transactions,
who knew the facts as well as we did ourselves, and
who were impartial friends of us both? But this was
plainly not to the interest of my opponent—that he
should be openly convicted by our friends and find a
settlement in this way. For do not imagine, men of
the jury, that men who know all these facts, and who
now at their own risk are giving testimony in my
favour, would then, when they had been put under
oath, have formed a different conclusion about them.
However, though you had none of these facts to aid
you, even so it is ‘not difficult to form an opinion as
to which of the two parties is speaking the truth. For
regarding the house, if he maintains that Polyeuctus
was induced by me to order that mortgage-pillars be
set up for the thousand drachmae, yet surely,
Spudias, I did not use my influence to induce the
witnesses to give false testimony in my interest,—
witnesses who were present when he betrothed to me
his daughter, who knew that I received less than the
entire marriage portion, who heard him when he
acknowledged that he was in my debt and also when
he had introduced Leocrates as the one who should
make payment, and who finally were present when
the will was made. For with all these persons it was
no longer a question of favouring me in these matters,
but of risking a charge of giving false testimony, if
they deposed to what was not the truth. Let us,
then, have no more of that matter; but what will
you say to this, Spudias? And see that you give
these gentlemen a precise answer. If he does not,
do you all demand it of him. For, when Polyeuctus
gave these directions in his will, the defendant’s wife

15

_

5

DEMOSTHENES

\ / > / »Μ > » A A
πατρὸς διαθήκας ἀνήγγειλεν, ἄλλως τ᾽ εἰ καὶ μηδὲν
" s > > ’ [2 Φ ~ /¢
ἴσον εἶχεν, ἀλλ᾽ ev ἅπασιν ἠλαττοῦτο, παρεκλήθη

> eo ~

δ᾽ αὐτὸς οὗτος, ὥστε μηδὲ τοῦτ᾽ εἶναι λέγειν,

ε / A 4 / τ᾿ /
ws λάθρᾳ Kat διακρυψάμενοι τούτους ἐπράττομεν
ταῦτα: παρακαλούμενος γὰρ ἔφησεν αὐτὸς μὲν ἀ-
σχολίαν ἄγειν, τὴν δὲ γυναῖκ᾽ ἐξαρκεῖν τὴν αὑτοῦ
18 παροῦσαν. τί ἔτι λοιπόν; ἀπαγγείλαντος ᾽᾿Αρι-
στογένους αὐτῷ περὶ ἁπάντων τούτων ἀκριβῶς,

Ψ > > af? , / / / of
οὐδ᾽ ἐνταῦθ᾽ οὐδένα φαίνεται λόγον ποιησάμενος,
5 5 > / A ~ ~ / ~
ἀλλ᾽ ἐπιβιόντος μετὰ ταῦτα τοῦ Ἰ]ολυεύκτου πλεῖν
a“ /, > € / ” 9 9 / 3 \ δὴ ἃ Ὁ
ἢ πένθ᾽ ἡμέρας, οὔτ᾽ ἠγανάκτησεν εἰσελθὼν οὔτ
3 - 5 / 399 ε ͵7ὕ ah} > 5 ΄
ἀντεῖπεν οὐδέν, οὐδ᾽ ἡ γυνή, παροῦσ᾽ ἐξ ἀρχῆς
oa / a > , / / > A
ἅπασι τούτοις. ὥστ᾽ οὐκέτι [Πολύευκτος αὐτὰ
Α 9 \ y, > τ ” > > ε -
πεισθεὶς ἐμοὶ κατεχαρίζεθ᾽ ὡς ἔοικεν, ἀλλ᾽ ὑμεῖς
αὐτοί. ταῦτα τοίνυν, ὦ avdpes δικασταί, μεμνη-
~ ~ ~ A
μένοι σαφῶς, ἐὰν apa τι περὶ αὐτῶν ἐγχειρῇ νυνὶ

διαβάλλειν, ἀντίθετε.

~ > CARS) 3 a > 5 ~ a ~ \

Πρῶτον δ᾽ ἵν᾽ εἰδῆτ᾽ ἀκριβῶς ὅτι τοῦτον Tov
τρόπον ἔχει, τῶν μαρτύρων ἀκούσατε. λέγε.
MAPTYPES

19 Οὐκοῦν, ὦ ἀνδρες δικασταί, TOV μὲν χιλίων dpay-
μῶν ὡς δικαίως καὶ προσοφειλομένων ἀπετίμησέ
[1034] μοι τὴν οἰκίαν ὁ [loAvevKtos, αὐτὸς οὗτός μοι
μαρτυρεῖ καὶ ἡ τούτου γυνὴ πρὸς τοῖς ἄλλοις τού-
τοις τοῖς μεμαρτυρηκόσι, συγχωροῦντες τότε καὶ
οὔτε πρὸς τὸν [Πολύευκτον ἀντειπόντες ἐπιβιόντα
τοσαύτας ἡμέρας, οὔτε πρὸς τὸν ᾿Αριστογένην, ἐπεὶ

16

AGAINST SPUDIAS, 17-19

was present, and you may be sure that she reported
to him the will of her father, especially if he did not
receive an equal share, but was at a disadvantage in
all respects ; and the defendant himself was invited
to be present, so that it is not open to him to say that
we managed this in secret and kept them in the dark.
For although he was invited to be present, he said
that he was busy himself, but that it would be enough
if his wife were there. What more would you have ?
When Aristogenes gave him an exact account of all
these matters, even then he made no comment, and
though Polyeuctus lived on more than five days after
this, he neither showed any vexation on going to the
house, nor made any protest, nor did his wife, who
was present from the first on all these occasions. It
would appear, then, that Polyeuctus was not induced
by me to favour me in these matters ; the act was
your own. Keep these facts, then, clearly in your
minds, men of the jury, and if he now tries to make
any slanderous statements about the matter, con-
front him with them.

But first, that you may be fully assured that matters
are as I have stated, hear the witnesses. (To the
clerk.) Read.

THe WITNESSES

Well then, men of the jury, in the matter of the
one thousand drachmae, to prove that Polyeuctus
mortgaged the house to me honestly, and for an
existing debt, I have the testimony of my opponent
himself and his wife in addition to these other wit-
nesses whose depositions have been put in ; for they
concurred at the time, and made no objection either
to Polyeuctus who lived so many days after, or to

VOL, II (6 17

18

20

21

22

[1035]
23

DEMOSTHENES

τάχιστ᾽ ἤκουσαν. ἀλλὰ μὴν εἴ ye δικαίως ἀπετι-
μήθη, μεμνημένοις τοῦ νόμου κατὰ μὲν τοῦθ᾽ ὑμῖν
οὐκ ἔστιν ἀποψηφίσασθαι Σπουδίου. σκέψασθε δὲ
καὶ περὶ τῶν εἴκοσι μνῶν, ἃς οὐκ ἐπαναφέρει" καὶ
γὰρ ἐνταυθοῖ πάλιν αὐτὸς οὗτός μοι μέγιστος ἔσται
μάρτυς, οὐ λόγῳ μὰ A’ ὥσπερ νῦν ἀντιδικῶν
(τουτὶ μὲν γὰρ οὐδὲν τεκμήριόν ἐστιν), ἀλλ᾽ ἔργῳ
περιφανεῖ. τί ποιῶν, ὦ ἄνδρες δικασταί; τούτῳ
γὰρ ἤδη προσέχετε τὸν νοῦν, ἵν᾽ ἐὰν apa τολμᾷ
τι καὶ περὶ τῆς μητρὸς τῶν γυναικῶν βλασφημεῖν
ἢ περὶ τῶν γραμμάτων, εἰδότας ὑμᾶς μὴ δύνηται
λέγων ἐξαπατᾶν.

Ταυτὶ γὰρ τὰ γράμματα κατέλιπε μὲν ἡ ]ολυ-
εύκτου γυνή, καθάπερ εἶπον ὀλίγῳ πρότερον: ὁμο-
λογουμένων δὲ τῶν σημείων καὶ παρὰ τῆς τούτου
γυναικὸς καὶ παρὰ τῆς ἐμῆς, ἀμφότεροι παρόν-
τες ἀνοίξαντες ἀντίγραφά τ᾽ ἐλάβομεν, κἀκεῖνα
πάλιν κατασημηνάμενοι παρ᾽ ᾿ΑἈριστογένει κατ-
εθέμεθα. τοῦτο δὴ τοῦτ᾽, ὦ ἄνδρες δικασταί,
μάθετε πρὸς θεῶν. ἐνῆσαν μὲν γὰρ αἱ δύο μναῖ, ἡ
τιμὴ τοῦ οἰκέτου, καὶ οὐ μόνον ὁ [loAvevKTOS ἀπο-
θνήσκων ταύτας ἐνεκεκλήκειν, ἐνῆσαν δ᾽ at χίλιαι
καὶ ὀκτακόσιαι. ταῦτα δ᾽ ἀναγνούς, εἰ μὲν αὐτῷ
μηδὲν προσῆκε μηδ᾽ ἀληθῆ τὰ γεγραμμέν᾽ ἦν, τί
δή ποτ᾽ οὐκ εὐθὺς ἠγανάκτει περὶ αὐτῶν; τί δὲ
συνεσημαίνετο πάλιν τὰ μηδὲν ὑγιὲς ὄντα μηδ᾽
ἀληθῆ γράμματα; τουτὶ γὰρ οὐδ᾽ ἂν εἷς δήπου μὴ
πᾶσιν ὁμολογῶν τοῖς γεγραμμένοις ποιήσειεν. ἀλλὰ
μήν, ὦ ἄνδρες δικασταί, τοῦτό γε δεινὸν δήπου, εἰ
πρὸς τὰ συγκεχωρημέν᾽ ὑπ᾽ αὐτῶν τούτων ἐξέσται

18

AGAINST SPUDIAS, 19-23

Aristogenes, when they first heard of the will. But
assuredly, if the house was honestly mortgaged, it is
impossible for you, if you bear the law in mind, to

acquit Spudias as to this part of the case. Now con- :

sider also the matter of the twenty minae, which he
does not bring into the account ; for in this again the
defendant himself will be my strongest witness—not
by words, heaven knows, such as he utters now in
opposing my suit—words are a criterion of no worth—
but by manifest act. By doing what, men of the
jury ? To this I bid you now to give close heed, in
order that, if he really dares to utter any slanders
about the mother of our wives or about the docu-
ments, your knowledge of the facts may make it
impossible for him to deceive you by his talk.

These papers were left by the wife of Polyeuctus, as
I just now said. The seals being acknowledged both
by the defendant’s wife and by mine, we both, being
present, broke them and took copies, and then sealed
up the papers again, and deposited them in the hands
of Aristogenes. Now, note this, men of the jury,
note this, I beg of you. There was in the papers
mention of the two minae, the price of the slave—and
it was not only Polyeuctus on his death-bed who had
made this claim—and there was mention of the
eighteen hundred drachmae. When he read this,
if what was written did not concern him at all and
was untrue, why pray did he not at once protest
about it? Why did he join in sealing again papers
which were false and of no worth? This of course no
one in the world would do, if he did not concur in all
that was written. But surely, men of the jury, this
is an outrageous thing if these men are to be per-
mitted now to dispute matters to which they have

19

bo
oO

24

25

[1036]
2

DEMOSTHENES

~ > / \ \ “ Cie By ” /
νῦν ἀντιλέγειν, Kal μηδὲν σημεῖον ὑμῖν ἔσται, διότι
πάντες ἄνθρωποι πρὸς τὰ μήτ᾽ ἀληθῆ μήτε δικαια
τῶν ἐγκλημάτων οὐ κατασιωπᾶν, ἀλλὰ παραχρῆμ᾽
5 “- ἌΡ \ / A a > “
ἀμφισβητεῖν εἰώθαμεν, μὴ ποιήσαντες δὲ ταῦτ᾽, av
ὕστερον ἀντιδικῶσι, πονηροὶ καὶ συκοφάνται δο-
κοῦσιν εἶναι. ταῦτα τοίνυν Σπουδίας οὐδὲν ἧττον
> ~ 2 > > s \ \ > /
ἐμοῦ γιγνώσκων, ἀλλ᾽ οἶμαι μὲν καὶ ἀκριβέστερον,
ὅσῳ καὶ πυκνότερον ἐνταυθοῖ παρέρχεται, πᾶσιν
> / - / ¢ “ / > > /
ἐναντία τοῖς πεπραγμένοις ἑαυτῷ λέγων οὐκ αἰσχύ-
νεται. καίτοι πολλάκις ὑμεῖς ἕν μόνον σκευώρημα
συνιδόντες, τούτῳ κατὰ τῶν ἄλλων τῶν ἐγκαλου-

/ ? fg / 7 > a > ¢ yj?
μένων ἐχρήσασθε τεκμηρίῳ: τούτῳ δ᾽ ἅπανθ᾽ ὑφ

ς A 7 > /
αὑτοῦ συμβέβηκεν ἐξελέγχεσθαι.

Kai μοι λαβὲ τὴν μαρτυρίαν ὡς ὡμολογεῦτο τότε
τὰ σημεῖα τῶν γραμμάτων ὑπὸ τῆς τούτου γυ-
ναικός, καὶ νῦν ὑπὸ Σπουδίου κατασημανθέντα
κεῖται.

MAPTYPIA

4, / ~~ “ » ,ὔ
Τούτων τοίνυν σαφῶς οὕτως ἀποδεδειγμένων,

¢ ~ A , A ” ~ / /, « / A
ἡγοῦμαι μὲν οὐδὲν ἔτι δεῖν πλείω λέγειν: ὁπότε yap
καὶ νόμους ἔχω παρασχέσθαι καὶ μάρτυρας ἅπάν-
των τῶν εἰρημένων, καὶ τὸν ἀντίδικον αὐτὸν ὁμο-

~ ~ ~ ,
λογοῦντά μοι, τί δεῖ μακρῶν ἔτι λόγων; ὅμως δ᾽
ἂν ἄρα περὶ τῆς προικὸς ἀγανακτῇ καὶ φάσκῃ

A - Φ - /

πλεονεκτεῖσθαι ταῖς χιλίαις δραχμαῖς, ψεύσεται:
οὐδὲν γὰρ ἔχων ἔλαττον ἀμφισβητεῖ πρὸς αὐτάς,

> A / ς Ἂν γι 9 - ~ »” ᾽ὔ » \
᾿ ἀλλὰ πλέον, ὡς αὐτίχ᾽ ὑμῖν ἔσται φανερόν. οὐ μὴν

20

AGAINST SPUDIAS, 23-26

themselves given assent, and you are to find no basis
for judgement in the fact that all of us are wont, when
charges are made against us that are unjust and un-
true, not to keep silent, but to dispute them on the
spot, and that those who do not do this, if they
contest them subsequently, are accounted rascals and
tricksters. Now Spudias knows this as well as I, and
I think even better, inasmuch as he comes oftener
before your court, yet he feels no shame in saying
things that contradict all that he has himself done.
And yet full often when you become conscious of one
single piece of fraud, you treat it as evidence against
the other charges; but the defendant is found to
have been convicted by himself of falsehood on every
point.

Take, please, the deposition, proving that the seals
of the papers were acknowledged at the time by the
wife of the defendant, and that the papers are now
deposited, sealed by Spudias.

Tue DeEposITIoNn

Since, then, these facts have been so convincingly :

established, there is no further need, I think, of more
words. For when I am able to produce both laws and
witnesses in support of everything that I have said,
and also admissions made in my favour by my
opponent himself, what further need can there be for
a long argument ? However, if Spudias perchance
waxes indignant about the marriage portion and
maintains that he is being defrauded to the amount
of one thousand drachmae, he will be lying. For,
while he disputes my claim to this sum, he has re-
ceived not less, but more, as will presently be made

bo

Ou

clear to you. Nay more, even if all these statements 26

21

27

DEMOSTHENES

ἀλλ᾽ εἰ πάντα ταῦθ᾽ ὡς ἀληθῶς συνέβη, οὐ δήπου
δίκαιον ἐμὲ τὴν ὁμολογηθεῖσαν προῖκα μὴ λαβεῖν,
εἴπερ ὄφελός τι τῶν νόμων ἐστίν, οὐδέ γε τὸν
Πολύευκτον, εἰ τῶν θυγατέρων ἐβούλετο τῇ μὲν
> / “ \ UY ΣΝ) > ~
ἐλάττω, TH δὲ πλείω προῖκ᾽ ἐπιδοῦναι, διακωλυ-
θῆναι νῦν: σοὶ γὰρ αὐτῷ μὴ λαμβάνειν ἐξῆν, ὦ
LUrovdia, μὴ προστιθεμένων ὥσπερ ἐμοὶ τῶν χιλίων.
> > b) \ ” s « > \ /
ἀλλ᾽ οὐδὲν ἔλαττον εἶχες, ws ἐγὼ διδάξω.
~ > 3.1.9 cs > / / \ \

Πρῶτον δ᾽ ἐφ᾽ οἷς ἐξέδοτο τούτῳ, λαβὲ τὴν

μαρτυρίαν.
MAPTYPIA

~ oo 9, \ ” ” / > /
Πῶς οὖν οὐδὲν ἔλαττον ἔχει, φήσει τις, εἰ τούτῳ
μὲν ἐν ταῖς τετταράκοντα μναῖς ἐνετιμᾶτο τὰ
if \ \ ¢€ / ~ / > \ 3 « /
χρυσία Kal Ta ἱμάτια τῶν χιλίων, ἐμοὶ δ᾽ αἱ δέκα
A / ~
μναῖ χωρὶς προσαπεδίδοντο; τοῦτο δὴ Kat μέλλω
λέγειν. ὁ μὲν γὰρ Σπουδίας, ὦ ἄνδρες δικασταί,
~ Uj
παρὰ τοῦ Λεωκράτους ἔχουσαν τὰ χρυσία Kal τὰ
ς ὧν \ Ae e ¢ /
ἱμάτια τὴν γυναῖκ᾽ ἔλαβεν, dv ὁ [Πολύευκτος προσ-
/ ~ / ~ μ᾿ , bl \ >
απέτεισε TH Λεωκράτει πλεῖν ἢ χιλίας: ἐγὼ δ᾽,
ἅπερ ἔπεμψέ μοι χωρὶς τῆς προικός, ὅσ᾽ ἔχω μόνον,
> ~
πρὸς τὰ τούτῳ δοθέντ᾽ ἐὰν ἀντιθῇ τις, εὑρήσει
~ > A
παραπλήσια, χωρὶς τῶν els Tas χιλίας ἀποτιμη-

tf σ΄ » > /, > A ἣν A
28 θέντων. ὥστ᾽ εἰκότως ἐν ταῖς τετταράκοντα μναῖς

ἐνετιμᾶτο ταῦθ᾽, ἅπερ ἀπετετείκει τῷ Λεωκράτει
καὶ πλείω τῶν ἐμοὶ δοθέντων ἦν.

Καί μοι λαβὲ πρῶτον μὲν τὴν ἀπογραφὴν ταυτηνὶ
καὶ λέγ᾽ αὐτοῖς, ἅπερ ἑκάτερος ἡμῶν ἔχει, μετὰ δὲ
ταῦτα τὴν τῶν διαιτητῶν μαρτυρίαν, ἵν᾽ ἴδωσιν ὅτι
22

AGAINST SPUDIAS, 26-28

of his were indeed true, it is not just, I take it, if the
laws are good for anything, that I should lose the
marriage portion which was promised me, or that
Polyeuctus, if he chose to give a smaller portion to
one daughter and a larger to the other, should now
be thwarted. For it was open to you, Spudias, not
to marry his daughter, unless the thousand drachmae
were given to you as well as to me. However you
received no less than I, as I shall show.

(To the clerk.) But, first, take the deposition which
shows on what terms the lady was given to him.

Tue Deposition

But how can it be that he has received as much as
I, one may ask, if in his case the jewelry and the
apparel, to the value of a thousand drachmae, were
reckoned in the forty minae, while to me the ten
minae were paid separately and in addition? This
is precisely what I am going to explain. For Spudias,
men of the jury, received his wife from Leocrates
with the jewelry and apparel on which Polyeuctus set
a value to Leocrates of more than a thousand
drachmae, while in my case, if you set what was sent
to me over and above the marriage portion—all that

27

I have in my possession—over against what was —

given to Spudias, you will find them practically equal.
over and above what was reckoned in the thousand
drachmae ; so that it was only fair that these articles
should be included in the forty minae, seeing that
Polyeuctus had charged them against Leocrates, and
they were more than had been given me.

(To the clerk.) Now please take this inventory and
read to the jurymen what each of us has in his posses-
sion; after that, read the deposition of the arbitrators,

2s

28

DEMOSTHENES

\ ~ / / a. αν ὁ \ a / ¢
Kal πολλῷ πλείω χρήματ᾽ ἔχει, καὶ περὶ τούτων ὃ
Λεωκράτης ἐνεκάλει, καὶ ταῦτ᾽ ἔγνωσαν ot διαιτη-

/ /
ταί. λέγε.

[1037] ΑΠΟΓΡΑΦΗ. MAPTYPIA

δ᾿ 3 > > A - \ ” ,
29 “Ap οὖν od φανερῶς οὗτος μὲν ἔχει τετταρά-
κοντα μνᾶς πάλαι τὴν προῖκα, ἐγὼ δὲ τὰς μὲν

/ / « \ \ / > /
τριάκοντα καθάπερ οὗτος, Tas δὲ χιλίας οὐ μόνον

“ 5» > / > \ \ \ /
ὕστερον οὐκ ἐκομισάμην, ἀλλὰ καὶ νυνὶ κινδυνεύω

\ > ~ ¢ > / ” \ ~ /

περὶ αὐτῶν ws ἀδίκως ἔχων; διὰ ταῦτα μέντοι
Σπουδίας, ὦ ἄνδρες δικασταί, τοῖς φίλοις οὐκ
ἐβούλετ᾽ ἐπιτρέψας ἀπαλλαγῆναι τῶν πρὸς ἔμ᾽
ἐγκλημάτων, ὅτι συνέβαινεν αὐτῷ πάντα ταῦτ᾽
ἐλέγχεσθαι: πᾶσι γὰρ τούτοις παραγεγενημένοι καὶ

~ 5 / , > / μ᾿ > ~ / a
σαφῶς εἰδότες, οὐκ ἐπέτρεπον ἂν αὐτῷ λέγειν ὅ τι
΄ > ς “- > ” / > ~ > ~
τύχοι" παρ᾽ ὑμῖν δ᾽ οἴεται ψευδόμενος ἐμοῦ τἀληθῆ

/ / / \ ae > ~
30 λέγοντος περιγενήσεσθαι. καίτοι περὶ ὧν ἐγκαλῶ,

Ro fio ἘΞ Do? A ε ar > 5 eZ
πάνθ᾽ ὑμῖν ἀπέδειξα σαφῶς, ws οἷός τ᾽ ἦν αὐτός.

\ 3 227 - ” > e ΄ >
τοὺς δ᾽ εἰδότας οὗτος ἔφευγεν, οὐχ ἡγούμενος εἶναι

/ \ / > + /
παραλογίσασθαι. μὴ τοίνυν, ὦ ἄνδρες δικασταί,
μηδ᾽ ὑμεῖς ἐπιτρέπετ᾽ αὐτῷ ψεύδεσθαι καὶ διαβάλ-
λειν, μεμνημένοι τῶν εἰρημένων: ἴστε γὰρ πάνθ᾽
« > / \ ” / > \ \ > /
ὡς ἐγένετο, πλὴν εἴ τι παρέλιπον ἐγὼ πρὸς ὀλίγον

ὕδωρ ἀναγκαζόμενος λέγειν.

24

AGAINST SPUDIAS, 28-30

that they may see that Spudias has received even far
more than I, and that Leocrates made complaint re-
garding this, and that the arbitrators rendered this
decision.

Tue Inventory. THe Derposirion

Is it not plain, then, that the defendant has long

had in his possession forty minae as his wife’s marriage ,
5 fo}

portion, whereas I received the thirty minae, just as
he did, but not only did not receive the thousand
drachmae, but am now actually in jeopardy regarding
them, charged with possessing them wrongfully. It
was for this reason, men of the jury, that Spudias
would not leave to our friends the settlement of his
claims against me, since the result would have been
that all these falsehoods of his would have been
exposed, for they had been present at all these trans-
actions and knew all about them, and would therefore
not have permitted him to say whatever he pleased ;
whereas in your court he thinks that by his falsehoods
he will get the better of me and my statement of the
truth. And yet I have set forth to you clearly all my
charges, as well as I could do it myself, while my
opponent evaded coming before those acquainted
with the facts thinking that he would be unable to
lead them astray. Do not you, then, men of the jury,
do not you any more than they suffer him to have
recourse to lies and calumnies, but bear in mind what
you have heard; for you know all the facts of the
case, unless perhaps I have omitted something, since
I have been forced to speak with but scant water in
the water-clock.

29

30

AGAINST PHAENIPPUS

INTRODUCTION

Tuis speech, while it is so commonplace in character
that few have been inclined to attribute it to Demo-
sthenes, is nevertheless of interest and importance
because of the light which it throws upon the curious
provision of Athenian law which offered relief to a
person who felt that he was unfairly burdened with
public duties, such as the trierarchy, and that another,
whose means were more ample than his own, should
more properly be called upon to render the service in
question. In such a case the former person might
demand that the latter should undertake the public
service in his stead, or else exchange properties
with him.

The plaintiff in the present suit, whose name is
nowhere mentioned, was evidently one of the wealthy
citizens of Athens. He had for some time been a
member of the select group of three hundred who
paid taxes at the highest rate, and who might in case
of need be called upon to pay the entire tax in
advance, but it appears that he had suffered financial
reverses, and in particular had been obliged to pay
the state three talents as the liabilities of a mining
venture. He therefore sought relief under the law,
and named as the proper person to assume the burden
in his place a certain Phaenippus, a member of the
prosperous agricultural class, who had moreover

28

AGAINST PHAENIPPUS

inherited two estates, both of such value that the
holders had been called upon to render public service.
Phaenippus, however, denied his liability, and the
question of an exchange of estates had therefore to
be settled. Each party was naturally required to
give to the other an inventory of all that he possessed,
and each had the right to inspect the property of the
other in order to make sure that nothing was withheld
or subsequently withdrawn,

The plaintiff charges that the property of
Phaenippus far exceeded his own, but that the latter
had in various dishonest ways sought to conceal its
value. He had delayed the trial, had withheld his
inventory, and had even gone so far as to break the
seals which the plaintiff had placed on the doors of
his farm house and to carry off grain, timber and
wine, and had posted notices of a non-existent mort-
gage upon his property. <A further statement made
by the plaintiff is to the effect that Phaenippus had
heretofore evaded the performance of public duties,
while himself living in luxury.

Phaenippus brought counter-charges against the
plaintiff, insisting that he had omitted from his inven-
tory his mining properties. This was in conformity
with Athenian law, for the mines, while leased to
individuals, remained the property of the state, and
were not subject to the property tax ; but the plaintiff
expresses his readiness to include the mining property
in his estate, if Phaenippus will give his land free from
the pretended encumbrances, and will restore what he
has fraudulently removed from it.

This speech is discussed by Schaefer, iii.? pp.
280 ff., and Blass, iii. pp. 505 ff.

29

[1039]

eit
ΠΡΟΣ ΦΑΙΝΙΠΠΟΝ ΠΕΡῚ ANTIAOZEQE

\ > \ , a 5 πον, , a
Πολλὰ κἀγαθὰ γένοιτ᾽, ὦ ἄνδρες δικασταί, πρῶ-
τον μὲν ὑμῖν ἅπασιν, ἔπειτα δὲ καὶ Σόλωνι τῷ
νομοθετήσαντι τὸν περὶ τῶν ἀντιδόσεων νόμον. εἰ
- « - ~ ~ aA
μὴ yap οὗτος ἡμῖν σαφῶς διώρισε, τί πρῶτον δεῖ
ποιεῖν τοὺς ἀντιδεδωκότας καὶ τί δεύτερον καὶ
τἄλλα δ᾽ ἐφεξῆς, οὐκ οἷδ᾽ ὅποι προῆλθεν ἂν ἡ του-
τουὶ Φαινίππου τόλμα, ὅπου γε καὶ νῦν ἅπαντα
ταῦτα προλέγοντος ἡμῖν τοῦ νόμου, ὅμως οὐδὲν
φροντίσας τῶν ἐν αὐτῷ γεγραμμένων δικαίων, ἀντὶ
μὲν τοῦ τριῶν ἡμερῶν ἀφ᾽ ἧς ὥὦμοσε τὴν ἀπόφασιν
δοῦναί μοι τῆς οὐσίας τῆς αὑτοῦ κατὰ τὸν νόμον, ἢ
> A 5.9, > / ~ 3) 7 ~ ~
εἰ μὴ τότ᾽ ἐβούλετο, TH γ᾽ ἕκτῃ δοῦναι τοῦ Βοηδρο-
μιῶνος μηνός, ἣν δεηθείς μου ἔθετο καὶ ἐν ἡ
¢ / / \ > », ~) Uf /
ὡμολόγησε δώσειν τὴν ἀπόφασιν, οὐδέτερα τούτων
ἐποίησεν, ἀλλὰ καταφρονήσας ἀμφοτέρων, καὶ ἡμῶν
καὶ τοῦ νόμου, δευτέρῳ μηνὶ δέδωκε, δυοῖν ἢ τρισὶν
ἡμέραις πρότερον τῆς εἰς τὸ δικαστήριον εἰσόδου,
\ > »” Ὁ“ > > \ a) / > \ \
τὸν δ᾽ ἄλλον ἅπαντ᾽ ἐκποδὼν ἦν χρόνον: ἀντὶ δὲ

« The month Boedromion corresponds to the latter half of
September and the prior half of October.

30

XLII

AN UNKNOWN PLEADER AGAINST
PHAENIPPUS IN THE MATTER OF
AN EXCHANGE OF PROPERTIES

I rnvokE many blessings, men of the jury, first upon
all of you, and then also upon Solon, who estab-
lished the law about the exchange of estates. For
if he had not clearly defined for us what is the first
thing to be done by those who have offered an ex-
change, and what the second, and so on in due order,
I do not know to what lengths the audacity of this
man Phaenippus would have gone, when even as it
is, notwithstanding that the law prescribes all these
things for us, he has nevertheless disregarded its just
provisions, and instead of giving me the inventory of
his property as the law prescribes within three days
after he took the oath, or if he did not wish to do so
then, giving it at least on the sixth day of the month
Boedromion,? which date was fixed upon at his re-
quest, and on which he promised to deliver the
inventory, he did neither the one thing nor the other,
but, showing contempt both for me and for the law,
he has delivered his inventory a month later, only
two or three days before the case was brought into
court, and all the rest of the time has kept him-

31

bo

9

[1040]

DEMOSTHENES

~ \ a? IA ~

τοῦ τὰ σημεῖ ἐᾶν τῶν οἰκημάτων ἃ παρεση-

yA 20 \ > > \ 3 / \ A 5

μηνάμην, ἐλθὼν εἰς ἀγρὸν ἀνέῳξε καὶ τὰς κριθὰς

> / \ A LA > / /

ἐξεφόρησε καὶ τἄλλα, ὥσπερ ἐξουσίαν δεδωκότος
᾿ ~ ~ / a“

αὐτῷ τοῦ νόμου ποιεῖν ὅ τι ἂν βούληται καὶ μὴ ὡς

δί / > b] \ > io Μ ,ὔ σ΄
ἰκαιόν ἐστιν. ἐγὼ δ᾽, ὦ ἄνδρες δικασταί, ἥδιστα
\ > 5 a

μὲν ἂν ἐμαυτὸν εἶδον εὐτυχοῦνθ᾽ ὥσπερ πρότερον
~ / \ 7 > > a

τῇ οὐσίᾳ καὶ μένοντ᾽ ἐν τοῖς τριακοσίοις: ἐπειδὴ δὲ
\ A ~ ~ > “-

τὰ μὲν τῆς κοινῆς ἀτυχίας μετασχὼν τοῖς ἄλλοις
- > / > aA ” A 2) 90. Ἢ /

Tots ἐργαζομένοις ἐν τοῖς ἔργοις, τὰ ὃ ἰδίᾳ μεγά-

᾽

λαις περιπεπτωκὼς ζημίαις ἀπολώλεκα τὴν οὐσίαν,
\ \ ~ A ~

καὶ TO τελευταῖον νυνί με δεῖ τῇ πόλει τρία τάλαντα

A /
καταθεῖναι, τάλαντον κατὰ τὴν μερίδα (μετέσχον
/ > ~

γάρ, ws μή ποτ᾽ ὦφελον, κἀγὼ τοῦ δημευθέντος

μετάλλου), ἀναγκαῖόν ἐστιν εἰς τὴν ἐμὴν τάξιν

πειρᾶσθαι καθιστάναι τὸν οὐ μόνον ἐμοῦ νῦν ὄντα

πλουσιώτερον, ἀλλὰ καὶ πρότερον, καὶ οὐδεπώποτ᾽
᾽ὃ \ λ λ K “θ᾽ ec a δ᾽ >] / ~

οὐδὲν λελῃτουργηκόθ' ὑμῖν οὐδ᾽ εἰσενηνοχότα τῇ

> ε - or

πόλει. δέομαι οὖν ὑμῶν ἁπάντων, ὦ ἄνδρες δικα-

σταί, ἐὰν ἐπιδεικνύω Φαίνιππον τουτονὶ καὶ παρα-

βεβηκότα τὰ ἐν τοῖς νόμοις δίκαια καὶ πλουσιώ-

τερον ὄντ᾽ ἐμαυτοῦ, βοηθῆσαί μοι καὶ τοῦτον εἰς

τοὺς τριακοσίους ἀντ᾽ ἐμοῦ καταστῆσαι: διὰ τοῦτο

γὰρ οἱ νόμοι καθ᾽ ἕκαστον ἔτος ποιοῦσι τὰς ἀντι-

δόσεις, ὅτι τὸ διευτυχεῖν συνεχῶς τῇ οὐσίᾳ, οὐ

α Kach of the ten Athenian tribes reported a list of its
wealthiest citizens to the number of 120. The resulting body
of 1200 was divided into four groups of 300 each (for the
division into symmories, see note on vol. i. p. 10), and these
groups, being made up of the richest citizens, naturally bore
the heaviest burdens, and in times of crisis might be called
upon to advance the entire amount of money required. See

32

AGAINST PHAENIPPUS, 2-4

self out of sight; and instead of leaving untouched
the seals which I had put upon the buildings, he went
into the country, opened the buildings, and carried
off the barley and other things, just as if the law
had granted him the privilege of doing whatever he
pleases, and not what is right. For my part, men of 3
the jury, I should be most happy to see myself enjoy-
ing the material prosperity which was mine before,
and remaining in the group of the Three Hundred,*
but since, partly through having to share in the mis-
fortunes common to all those who are engaged in
mining works, and partly through having met heavy
reverses in my private business, I have lost my
estate, and now at the last must pay three talents
to the state, a talent for each share (for I too was a
partner, as I wish I had not been, in the confiscated
mine),? I am compelled to try to substitute in my
place a man who is not only richer than I am now, but
was richer even before my losses, and who has never
borne any state services, nor made any contribution
to the state. I therefore beg of you all, men of the 4
jury, that, if I prove that Phaenippus here has both
transgressed the just provisions of the law and is a
richer man than myself, you will succour me, and
appoint him in the list of the Three Hundred in my
stead ; for it is on this account that the laws every
year provide for the tendering of exchanges, because
to enjoy unbroken prosperity is not wont to be the

Boeckh, Publ. Econ., Book IV, chapter xiii., and Gilbert,
Gk. Const. Ant. pp. 368-374 (English Trans.).

> The mine had apparently been taken over by the state
because of non-payment of the rental, and to recover posses-
sion the lessees had to make the payment specified. On the
general subject of the mining business in ancient Athens see
Oration XXXVII in vol. i. with the Introduction and notes.

VOL. II D 33

DEMOSTHENES

πολλοῖς τῶν πολιτῶν διαμένειν εἴθισται. ἐξ ἀρχῆς
» aA
δ᾽ ὑμῖν ἅπαντα τὰ γενόμενα περὶ τὴν ἀντίδοσιν
διηγήσομαι.
~ A ~ 7 > ΕΝ
ὅ Tod γὰρ Μεταγειτνιῶνος μηνός, ὦ ἄνδρες δι-
κασταί, τῇ δευτέρᾳ ἱσταμένου, ἐποίουν of στρατηγοὶ
τοῖς τριακοσίοις τὰς ἀντιδόσεις. ἐν ταύταις ἐκά-
λεσα κατὰ τὸν νόμον Φαίνιππον τουτονί. καλέσας
δὲ καὶ παραλαβὼν τῶν οἰκείων τινὰς καὶ φίλων,
> f. / / 3 > \ > A b) ~ \
ἐπορευόμην KvOnpove εἰς τὴν ἐσχατιὰν αὐτοῦ. Kal
πρῶτον μὲν περιαγαγὼν τὴν ἐσχατιὰν πλέον ἢ
σταδίων οὖσαν “τετταράκοντα κύκλῳ, ἔδειξα καὶ
διεμαρτυράμην ἐ ἐναντίον Φαινίππου, ὃ ὅτι οὐδεὶς ὅρος
ἔπεστιν ἐπὶ τῇ ἐσχατιᾷ' εἰ δέ φησιν, εἰπεῖν ἐκέλευον
αὐτὸν ἤδη καὶ δεῖξαι, ὅπως μὴ ὕστερον ἐνταῦθα
6 χρέως γενόμενον ἀναφανήσεται. ἔπειτα παρεση-
μηνάμην τὰ οἰκήματα, καὶ τοῦτον ἐκέλευον εἰς τἀμὰ
βαδίζειν. μετὰ δὲ ταῦτ᾽ ἠρόμην, ὅπου ὁ σῖτος εἴη
= \
ὁ ἀπηλοημένος" ἦσαν yap νὴ τοὺς θεοὺς καὶ τὰς
/ A , 75 “ >) / ~
θεάς, ἄνδρες δικασταί, δύ᾽ ἅλως αὐτόθι, μικροῦ
Ld € 7, « > > , / -“ e \
πλέθρου ἑκατέρα. ὁ δ᾽ ἀπεκρίνατό μοι, OTL ὁ μὲν
~ /
πεπραμένος εἴη TOU σίτου, ὁ δ᾽ ἔνδον ἀποκείμενος.
7 τέλος δ᾽, ἵνα μὴ μακρολογῶ, καταστήσας φυλάττειν
\
ἔνδον τινάς, καὶ νὴ AV ἀπειπὼν καὶ κωλύσας τοὺς
ὀνηλάτας μὴ ἐξάγειν τὴν ὕλην ἐκ τῆς ἐσχατιᾶς
\ A ~ ὟΝ > 7 x , a 0 ὃ
[1041] (πρὸς γὰρ τῇ ἄλλῃ οὐσίᾳ τῇ Φαινίππου, ὦ avdpes
δικασταί, καὶ αὕτη πρόσοδος μεγάλη ἐστὶν αὐτῷ"
Δ » > > ~ ¢ ~ \ /
ἕξ ὄνοι δι’ ἐνιαυτοῦ ὑλαγωγοῦσι, καὶ λαμβάνει

« The month Metageitnion corresponds to the latter half of
August and the prior half of September.

ὃ Cytherus was a deme of the tribe Pandionis.

¢ The stade was roughly a furlong.

34

AGAINST PHAENIPPUS, 4-|

permanent fortune of any large number of our
citizens. But I will tell you all that has been done
regarding the exchange from the very beginning.

On the second day of the month Metageitnion,? 5
men of the jury, the generals appointed a court for
the Three Hundred for the tendering of exchanges.
Among these I cited this man Phaenippus as the law
provides. After citing him, I took some of my friends
and relatives, and proceeded to his outlying farm
at Cytherus.? And first I led them around the farm,
the circuit of which was more than forty stades,° and
pointed out to them, and called them to witness in
the presence of Phaenippus, that there were no mort-
gage-pillars ὁ on the farm, and I bade Phaenippus, if
he said there were, to declare it at once and point
them out to me, for fear some debt existing against
the property might be brought to light later on. Then 6
I sealed the buildings, and bade Phaenippus to pro-
ceed to my property. After this I asked him where
his threshed grain was, for by the gods and god-
desses, men of the jury, there were two threshing-
floors there, each one of nearly a plethron in extent.?
He answered me that some of the grain had been
sold, and that some was stored within. Finally, to
make a long story short, I stationed men inside to
keep watch, and by Zeus I gave strict orders to the
ass-drivers and made them stop carrying off timber
from the farm (for in addition to the rest of his
property Phaenippus has also this very considerable
source of revenue : six asses carry off wood the whole

~]

4 Inscribed pillars were set up to indicate that a piece of
property was mortgaged. See Oration XXXI passim.

¢ That is, in diameter. The speaker evidently expected
to find large quantities of threshed grain, owing to the size
of the threshing floors. The plethron was about 100 feet.

35

DEMOSTHENES

οὗτος πλέον ἢ ἢ δώδεκα δραχμὰς τῆς ἡμέρας), τούτοις
ἀπειπών, ὥσπερ λέγω, τῆς ὕλης μὴ ἅπτεσθαι, καὶ
ἐπαγγείλας ἐπὶ τὰ ἱερὰ Φαινίππῳ κατὰ τὸν νόμον
ἀπαντᾶν, φχόμην͵ ἀπιὼν εἰς ἄστυ.

8 Πρῶτον μὲν οὖν τῶν εἰρημένων τὰς μαρτυρίας
ὑμῖν παρέξομαι, ἔπειτα καὶ περὶ τῶν ἄλλων ἀκού-
σεσθε πάσας τὰς ἀληθείας: τουτονὶ γάρ, ὦ ἄνδρες
δικασταί, Φαίνιππον εὑρήσετ᾽ εὐθὺς ἀπὸ τῆς
πρώτης ἡμέρας ἀρξάμενον τοῦ μηδὲν δίκαιον ποιεῖν.
παρεσημηνάμην τὰ οἰκήματα, τοῦ νόμου μοι δε-

WKOTOS* οὗτος ἀνέῳξε. καὶ τὸ μὲν ἀφελεῖν τὸ
σημεῖον ὁμολογεῖ, TO ὦ ἀνοῖξαι. τὴν θύραν οὐχ
ὁμολογεῖ, ὥσπερ ἄλλου τινὸς ἕνεκα τὰ σημεῖ᾽

9 ἀφαιροῦντας, ἢ τοῦ τὰς θύρας ἀνοῖξαι. ἔπειτ᾽
ἀπεῖπον τὴν ὕλην μὴ ἐξάγειν" ἐξῆγεν οὗτος ἁπάσας
τὰς ἡμέρας, πλὴν ἐκείνης ἐ ἐν ἧ ἐγὼ ἀπεῖπον. χρέως
οὐδ᾽ ὁτιοῦν ὠφείλετ᾽ ἐπὶ τῇ ἐσχατιᾷ' νῦν οὗτος
ἀποφαίνει πολλά. ἁπλῶς ποιεῖ ὅ τι ἂν βούληται,
οὐχ ὅ τι οἱ νόμοι κελεύουσιν.

Λέγε τὰς μαρτυρίας, “πρῶτον μὲν τὰς περὶ τοῦ
μετάλλου, ἔπειτα καὶ τὰς ἄλλας.

MAPTYPIAI

10 “A μὲν τοίνυν εὐθὺς τῇ πρώτῃ ἡμέρᾳ μετὰ τὰς
ἀντιδόσεις ἤρξατό με Φαίνιππος ἀδικεῖν, ἀκηκόατ᾽,

ὦ ἄνδρες ᾿Αθηναῖοι, καὶ ἐμοῦ καὶ τῶν μαρτύρων.

τὰ δὲ μετὰ ταῦτα γεγενημέν᾽ οὐκέτ᾽ εἰς ἐμὲ μόνον

ll αὐτῷ ἡμάρτηται, ἀλλὰ καὶ εἰς τοὺς νόμους, ὑπὲρ

11049] ὧν ὑμῖν ἅπασι σπουδαστέον ἐ ἐστίν. ὀμόσας γὰρ τῇ

ἑνδεκάτῃ τοῦ Βοηδρομιῶνος μηνὸς ἀποφανεῖν ὀρθῶς

« Kyidently for the purpose of taking the oath.
36

AGAINST PHAENIPPUS, 7-11

year through, and he receives more than twelve
drachmae a day). I forbade the ass-drivers, as I
said, to touch the wood, and after giving notice to
Phaenippus to attend the sacrifice,* as the law com-
mands, I went back to the city.

First, now, I will produce for you the depositions 8
substantiating what I have said, and then you shall
hear the entire truth about the other aspects of the
case. For you will find, men of the jury, that this
fellow Phaenippus began from the very first day to
act in utter disregard of right. I sealed the buildings,
as the law permitted me; he opened them. And
he acknowledges that he removed the seal, but does
not acknowledge that he opened the door, as if men
removed the seals for any other purpose than to open
the doors. Then I had forbidden that wood should be 9
carried off ; he carried it off every day except that on
which I τ the order. There was no debt charged
against the farm; he now reports a number of debts.
In a word, he does just what he pleases, not what the
laws bid him do.

(To the clerk.) Read the depositions, first those
concerning the mine, and then the others as well.

Tue DeposirTions

The wrongs, therefore, which Phaenippus began to 10
do to me beginning with the very first day after the
tendering of the exchanges, you have heard, men of
Athens, both from myself and from the witnesses;
but the things which he did after this have been offen-
ces, not against me only, but also against the laws, to
the defence of which you are all bound to rally. For 11
although he had sworn on the eleventh of the month
Boedromion to give me a true and just inventory of

37

DEMOSTHENES

\ ,ὔ A > / ~ / / /
Kal δικαίως τὴν οὐσίαν, τοῦ νόμου διαρρήδην λέ-
~ ¢ ~ Ε] e 5)
γοντος τριῶν ἡμερῶν ἀφ᾽ ἧς av ὀμόσῃ διδόναι τὴν
3 / > AES, \ A ~
ἀπόφασιν, ἐδεῖτό μου προσελθὼν πρὸ τῶν δικα-
/ A 4, ~ /, τ eZ
στηρίων μετὰ ἸΠολυεύκτου τοῦ Kpiwéws καὶ ἑτέρων
τινῶν, πρῶτον μὲν περὶ διαλύσεως συνελθεῖν αὑτῷ"
πάντα γάρ μοι τὰ δίκαια ποιήσειν" ἔπειτα τὴν ἀπό-
~ > / > / \ \ [ /
φασιν τῆς οὐσίας ἀναβαλέσθαι μὴ πολλὰς ἡμέρας"
12 οὐ γὰρ ἀγνοεῖν μου τὰ πράγματα. ἡγησάμενος δ᾽
ἐγὼ καὶ μετρίου καὶ ἀπράγμονος εἶναι πολίτου, μὴ
>
εὐθὺς ἐπὶ κεφαλὴν εἰς τὸ δικαστήριον βαδίζειν,
> / / A A ~ \ \ ΄,
ἐπείσθην (τί γὰρ δεῖ μακρολογεῖν;) τὴν μὲν σύν-
\ \ ~ ͵ὔ “ > / ,ὔ
οδον τὴν περὶ τῶν διαλύσεων τῇ ὀγδόῃ φθίνοντος
τοῦ Βοηδρομιῶνος μηνὸς ὁμολογῆσαι ποιήσασθαι,
\ > > / ~ > / ~ .“ /
τὴν δ᾽ ἀπόφασιν τῆς οὐσίας TH ἕκτῃ φθίνοντος.
“- ,
τυχὼν δὲ τούτων ἀμφοτέρων παρ᾽ ἐμοῦ Φαίνιππος,
9.95 > € / ~ ¢€ ~ > ,ὔ 3 > > >
οὐδ᾽ εἰς ἑτέραν τῶν ἡμερῶν ἀπήντησεν: ἀλλ᾽ ἀνθ
CaN ΄ὔ / ¢ \ ¢€ ~ / ν
ἑνὸς δύο νόμους ἥκει πρὸς ὑμᾶς παραβεβηκώς, ἕνα
“- ~ > DA
μὲν Tov κελεύοντα τριῶν ἡμερῶν ad’ ἧς av ὀμόσῃ
τὴν οὐσίαν ἀποφαίνειν, ἕτερον δὲ τὸν κελεύοντα
, Φ A \ > / e / Δ Ἃ
κυρίας εἶναι τὰς πρὸς ἀλλήλους ὁμολογίας, ἃς ἂν
13 ἐναντίον ποιήσωνται μαρτύρων. καίτοι, ὦ ἄνδρες
~ ει >
δικασταί, Tis οὐκ οἶδεν ὑμῶν, ὅτι ὁμοίως ἢ T ἐν
~ e A
τῷ νόμῳ γεγραμμένη κυρία ἐστὶν ἡμέρα, καὶ ἡ ὑπὸ
τῶν ἀντιδίκων συγχωρηθεῖσα; πολλάκις γὰρ ἔν τε
A ~ « / ε /
τοῖς νόμοις γεγραμμένης τριακοστῆς ἡμέρας ἑτέραν
A A / ~
ἡμῖν αὐτοῖς συγχωρήσαντες ἐθέμεθα, mapa τε ταῖς
a /
[1043] ἀρχαῖς ἁπάσαις Kal δίκας Kal κρίσεις ἀναβάλλονται
38

AGAINST PHAENIPPUS, 11-13

his property, and the law expressly declares that the
inventory shall be given within three days after one
takes the oath, he came up to me in front of the court-
rooms with Polyeuctus of Crioa® and some others,
and begged me, first to have a conference with him
regarding a settlement, assuring me that he would
do everything that was right ; and, secondly, to put off
the declaration regarding the property for a few days
only (for he said he understood my position). I, on
my part, thinking it was becoming to a good citizen
who wished to avoid quarrels not to rush headlong
into court, was persuaded (for why should I multiply
words ?) to consent that the conference regarding a
settlement should take place on the twenty-third of
the month Boedromion, and the declaration regarding
the property on the twenty-fifth.? Yet, although he
had obtained both his requests from me, Phaenippus
did not present himself on either of these days ;
instead, he now appears before you as one who has
transgressed two laws instead of one ;—first, that
which declares that the inventory shall be presented
within three days after that on which one takes the
oath, and, secondly, that which declares that mutual
covenants, agreed upon in the presence of witnesses,
shall be binding. Yet, men of the jury, who among
you does not know that the day fixed by law and that
agreed upon by the contending parties are equally
binding ? Why, very often, although the thirtieth
day is appointed by law, we fix upon another by
mutual agreement ; and in all the offices the magis-
trates put off trials and judgements for the contestants,

« Crioa was a deme of the tribe Antiochis.
> Literally the 8th and the 6th of the last group of ten
days in the month, which was counted backward.

39

DEMOSTHENES

τοῖς ἀντιδίκοις οἱ ἄρχοντες συγχωρησάντων ς ἐκείνων
ἀλλήλοις" ὧν εἴ τις ἄκυρον ἡγήσαιτο δεῖν εἶναι τὴν
πρὸς ἀλλήλους ὁμολογίαν, μισήσαιτ᾽ ἂν αὐτὸν ὡς

14 ὑπερβάλλοντα συκοφαντίᾳ. Φαίνιππος τοίνυν, ὧσ-
περ τοῦ νόμου προστάττοντος μηδὲν ποιεῖν ὧν ἂν
ὁμολογήσῃ τις, ἀπ᾽ “ἐκείνης τῆς ἡμέρας, ad’ ἧς
ὡμολόγησεν ἐπί τε τὰς διαλύσεις ἀπαντήσεσθαι καὶ
τὴν ᾿ἀπόφασίν μοι τὴν αὑτοῦ δώσειν καὶ τὴν πα
ἐμοῦ λήψεσθαι, οὐδεπώποτ᾽ ἀπήντησεν" ἀλλ᾽ ἐγὼ
μὲν ἐπειδὴ τοῦτον ἑώρων οὐ προσέχοντά μοι τὸν
νοῦν οὐδὲ τοῖς νόμοις, εἰς τὸ στρατήγιον ἔδωκα τὴν
ἀπόφασιν, οὗτος δ᾽, ὅπερ καὶ μικρῷ πρότερον
εἶπον, πρώην ἔδωκέ μοι βιβλίον, οὐδὲν ἄλλο βουλό-
μενος, ἢ δοκεῖν μὲν δεδωκέναι τὴν ἀπόφασιν, μὴ
ἔχειν δέ με τοῖς ἐν αὐτῇ γεγραμμένοις ὅ τι χρή-

15 Cora χρὴ δ᾽, ὦ ἄνδρες δικασταί, μὴ. τοῖς ἰσχυρο-
τέραν νομίζουσι τῶν νόμων τὴν αὑτῶν βδελυρίαν
εἶναι, πλέον τούτοις τοῦ δικαίου νέμειν" εἰ δὲ μή,
πολλοὺς ποιήσετε τοὺς καταγελῶντας. τῶν ἐν τοῖς
νόμοις δικαίων γεγραμμένων: ἀλλ᾽ ἐκείνοις βοηθεῖν,
οἵτινες ἂν τὴν τῶν νόμων φωνὴν ὑμετέραν εἶναι
νομίζωσι, καὶ τὴν ἡμέραν ταύτην, τὴν εἰς τὸ
δικαστήριον, ὑπὲρ τῶν ἠδικημένων εἶναι, μὴ τῶν
ἠδικηκότων.

16 Λέγε τῶν ἀρτίως εἰρημένων τὰς μαρτυρίας καὶ
τοὺς νόμους.

MAPTYPIAI. ΝΌΜΟΙ

~ y 84. WM / δ id \

Τοιαῦτα τοίνυν, ὦ ἄνδρες δικασταί, πεπονθὼς ὑπὸ

\

Φαινίππου, ἀπεγραψάμην πρὸς τοὺς στρατηγοὺς
ταυτηνὶ τὴν ἀπογραφήν. λέγε.

[1044] ΑΠΟΓΡΑΦΗ
40

AGAINST PHAENIPPUS, 13-16

when these have come to a mutual agreement ; and
if anyone should hold that the agreement thus entered
upon was to be of no effect, you would despise him
as a cheat without equal. Well then, Phaenippus,
just as though the law enjoined that one should do
nothing that one had agreed to, from the day on
which he promised to meet me for a settlement and
to give me an inventory of his property and receive
from me one of mine, never put in an appearance ;
but I, when I saw that he was paying no heed to me
or to the laws, gave in my inventory at the office of
the generals, whereas Phaenippus, as I said a moment
ago, gave me a paper only the other day with no
other purpose than that he might appear to have
given me his inventory, but that I should be unable
to make any use of its contents. But, men of the
jury, you should not grant more than their due to
those who hold their own shamelessness to be stronger
than the laws; if you do, you will multiply the
numbers of those who mock at the just provisions of
the laws. No; you should succour those who regard
the voice of the laws as your voice, and the day
appointed for coming into court as established in the
interest of those who have been wronged, not of those
who have done wrong.

(To the clerk.) Read the depositions in support of
what I have just said, and the laws.

Tue Depositions. Tue Laws

Having, then, been thus treated by Phaenippus,
men of the jury, I reported to the generals the
following inventory of my property. (To the clerk.)
Read.

Tue INVENTORY
41

--

6

17

18

19

[1046]

DEMOSTHENES

~ Δι Μ \ ~ ~
Πῶς οὖν ἄλλως, πρὸς τῶν θεῶν καὶ δαιμόνων, ὦ
» / > (A Cla a /
ἄνδρες δικασταί, ἐπιδεικνύειν ὑμῖν δεῖ Φαίνιππον
7 vy ~
ἔνοχον ὄντα τοῖς ἀνεγνωσμένοις, ἢ ὅνπερ τρόπον
> \ ~ > / > > “ ἌΣ > /
ἐγὼ νῦν ἐπιδεικνύω; ἀλλ᾽ ὅμως ἔμ᾽ ἀντεγράψατο
/ \ >
Φαίνιππος μὴ δικαίως ἀποφαίνειν τὴν οὐσίαν: οὕτω
\ \ ~ / “- /
TO πρὸς ὑμᾶς ψεύδεσθαι τοῖς τοιούτοις ῥᾷδιόν ἐστι"
καὶ κατηγορεῖ τοῦ ὅρκου, ὃν ὥμοσα πρὸ τῆς ἀπο-
/ ~ ~
φάσεως, λέγων ὅτι πλὴν τῶν ἐν τοῖς ἔργοις ὑπε-
> “-
σχόμην ἀποφανεῖν τὴν ἄλλην οὐσίαν, ὥσπερ τὸ κατὰ
τοὺς νόμους ὀμνύειν, τοῦτ᾽ ἄξιον κατηγορίας ὄν.
ε Ὡς >” > > rye κι \ ”
ὑμεῖς δ᾽ ἴστ᾽, ὦ ἄνδρες δικασταί (ὑμεῖς yap ἔθεσθε)
\ / Δ / “ / \ 9 >
TOV νόμον, ὃς διαρρήδην οὕτω λέγει, τοὺς δ᾽ ἀντιδι-
/ > » “ > / > / A
δόντας ἀλλήλοις, ὅταν ὀμόσαντες ἀποφαίνωσι τὴν
οὐσίαν, προσομνύειν τόνδε τὸν ὅρκον “᾿ ἀποφανῶ
/ ~ ~ \
τὴν οὐσίαν τὴν ἐμαυτοῦ ὀρθῶς Kal δικαίως, πλὴν
- - A ¢ /
τῶν ἐν τοῖς ἔργοις τοῖς ἀργυρείοις, ὅσα ol νόμοι
5 ~ / }) ~ \ / \ /,
ἀτελῆ πεποιήκασιν. μᾶλλον δὲ λέγε τὸν νόμον
oo e > / > \ \
αὐτόν. μικρὸν μὲν οὖν ἱκετεύω ἐπίσχες. ἐγὼ yap
καὶ πρότερον προὐκαλεσάμην Φαίνιππον, καὶ νῦν,
>» , , > 4: \ we
ὦ ἄνδρες δικασταί, δίδωμ᾽ αὐτῷ δωρειὰν καὶ ad-
a / ~ >? -
ίσταμαι μετὰ τῆς ἄλλης οὐσίας καὶ τῶν ἐν Tots
> /
ἔργοις, ἐάν μοι τὴν ἐσχατιὰν μόνην ἐλευθέραν
~ > > ~ cP >
παραδῷ, ὥσπερ ἦν ὅτ᾽ ἐγὼ τὸ πρῶτον ἦλθον εἰς
55 > ~
αὐτὴν μετὰ μαρτύρων, καὶ ἐάν, ὃν ἐξῆχεν ἐκ TOV
> / A \ s \ y+ > \ > \
οἰκημάτων σῖτον καὶ οἶνον Kal TaAAa, ἀφελὼν ἀπὸ
~ ~ A ~ >
τῶν θυρῶν τὰ σημεῖα, ταῦτα πάλιν εἰς ταὐτὸ κατα-
/ \ / / ” \ “ / > > ~
στήσῃ. Kal τί λέγεις ἔτι Kal Bods; πόλλ᾽ ἐκ τῶν
~ / /
ἔργων τῶν ἀργυρείων ἐγώ, Φαίνιππε, πρότερον
~ ~ ΄σ A >? /
αὐτὸς τῷ ἐμαυτοῦ σώματι πονῶν Kal ἐργαζόμενος
/ ¢ ~ \ \ \ SAU
συνελεξάμην: ὁμολογῶ. νυνὶ δὲ πλὴν ὀλίγων

42

AGAINST PHAENIPPUS, 17-20

How else, then, in the name of the gods and 17

divinities, men of the jury, should one prove that
Phaenippus is liable under the laws which have been
read, than precisely in the way in which I am proving
it? Yet Phaenippus has none the less brought a
counter-charge against me that I am not rendering a
just inventory of my property ; so easy is it for men
of his stamp to make false statements before you ;
and he complains of the oath which I took before
filing the inventory, asserting that I undertook to
report all the rest of my property except that in the
mining-works ;—as if to swear according to law were
a matter for complaint! But you know the law, men
of the jury, for you enacted it, that which expressly
makes this provision, that those tendering exchanges
to one another, when they under oath report their
inventories, shall swear also the following oath: “ I
will give a true and honest inventory of my property
except that in the silver mines, all of which the laws
have made exempt from taxes.” (170 the clerk.) But,
rather, read the lawitself. Yet,stop a moment, please.
For I made this offer before to Phaenippus, and now
again, men of the jury, I tender it freely :—I will sur-
render to him all my property including that in the
mining works, if he will hand over to me the farm
alone free from all encumbrances as it was when I first
went to it with witnesses, and will replace as they were
before the grain and wine and the other things which
he has carried away from the buildings after remoy-

ing the seals from the doors. Why, pray, do you keep :

on talking and crying out? From my silver mines,
Phaenippus, I formerly by my own bodily toil and
labour reaped a large profit. I confess it. But now
I have lost all but a small portion of my gains. You,

43

—

bo

9

21

22

23

DEMOSTHENES

a > > ,ὔ \ > > ~ > ~ ~
ἅπαντ᾽ ἀπολώλεκα. σὺ δ᾽ ἐκ τῆς ἐσχατιᾶς νῦν
πωλῶν τὰς κριθὰς ὀκτωκαιδεκαδράχμους καὶ τὸν
s / ~ > / > \
οἶνον δωδεκάδραχμον, πλουτεῖς εἰκότως, ἐπειδὰν

~ /
ποιῇς σίτου μὲν μεδίμνους πλέον ἢ χιλίους, οἴνου
δὲ μετρήτας ὑπὲρ ὀκτακοσίους. ἔτ᾽ οὖν τὴν αὐτὴν
ἡμᾶς τάξιν ἔχειν δεῖ, μὴ τῆς αὐτῆς τύχης ἡμῖν
παρακολουθούσης νῦν τε καὶ πρότερον; μηδαμῶς"
οὐ γὰρ δίκαιον. ἀλλὰ διάδεξαι καὶ σὺ καὶ μετάλαβε
μικρὸν χρόνον τῆς τοῦ λῃτουργοῦντος τάξεως,
ἐπειδὴ οἱ μὲν ἐν τοῖς ἔργοις ἠτυχήκασιν, ὑμεῖς δ᾽ οἱ
γεωργοῦντες εὐπορεῖτε μᾶλλον ἢ προσῆκεν. ἱκανὸν
γὰρ χρόνον δύ᾽ οὐσίας καρπούμενος διατελεῖς, τὴν

\ ~ » A K rAAL \ δὲ ~
μὲν τοῦ φύσει πατρὸς Καλλίππου, τὴν δὲ τοῦ

΄- e
ποιησαμένου σε, Φιλοστράτου τοῦ ῥήτορος, καὶ
οὐδὲν πώποτε τουτοισὶ πεποίηκας. καίτοι ὁ μὲν
ἐμὸς πατὴρ πέντε καὶ τετταράκοντα μνῶν μόνων
€ / > \ \ ~ > ~ \ > /
ἑκατέρῳ, ἐμοὶ Kal τῷ ἀδελφῷ, τὴν οὐσίαν κατ-
“λ > 9: “Ὁ “ ap 2 (ὃ / > Σ ε δὲ \ /
ἔλιπεν, ad’ ἧς ζῆν οὐ ῥᾳδιόν ἐστιν: οἱ δὲ σοὶ πατέρες
τοσούτων ἦσαν κύριοι χρημάτων, ὥσθ᾽ ἑκατέρου
τρίπους ἀνάκειται, νικησάντων αὐτῶν Διονύσια
A ~ A

χορηγούντων. καὶ οὐ φθονῶ: δεῖ yap τοὺς εὐπόρους
χρησίμους αὐτοὺς παρέχειν τοῖς πολίταις. σὺ

/ A ~ a / > \ /,
τοίνυν δεῖξον χαλκοῦν ἕνα μόνον εἰς τὴν πόλιν
ἀνηλωκώς, ὁ τὰς δύο λῃτουργούσας οὐσίας παρ-
εἰληφώς. ἀλλ᾽ οὐ δείξεις: ἀποκρύπτεσθαι γὰρ καὶ

/ \ / - > e \ /

διαδύεσθαι Kal πάντα ποιεῖν ἐξ ὧν μὴ λητουργήσεις
τουτοισὶ μεμάθηκας. ἀλλ᾽ ἐγὼ δείξω πόλλ᾽ ἀνη-
44.

AGAINST PHAENIPPUS, 20-23

on the contrary, since you sell from your farm your
barley at a price of eighteen drachmae and your wine
at a price of twelve, are a rich man, naturally, for you
make more than a thousand medimni®? of grain and
above eight hundred measures” of wine. Ought I,
then, to continue in the same class, when the same
fortune does not attend me now as formerly ? Do
not demand that; it would not be just. No; do
you also take your turn and share for a little while in
the class that performs public services, since those
engaged in mining have suffered reverses while you
farmers are prospering beyond what is your due. For
a considerable time you have enjoyed the income
of two estates, that of your natural father, Callippus,
and that of him who adopted you, Philostratus,
the orator, and you have never done anything for
your fellow-citizens here.© Yet my father left to
each of us, my brother and myself, an estate of
forty-five minae merely, on which it is not easy
to live, while your fathers were possessed of such
wealth that each of them set up a tripod in
honour of choregic victories at the Dionysia. And
I do not begrudge them this, for it is the duty of
the wealthy to render service to the state. Do you,
therefore, show that you have expended one single
copper coin on the state—you, who have inherited

two estates which performed public services. But :

you cannot show it, for you have learned secrecy
and evasion and how to do everything to escape
rendering service to your fellow-citizens here. But

* The medimnus was roughly equivalent to a bushel and
a half.

» The metretes was roughly equivalent to nine gallons.

¢ i.e. the members of the jury.

21

bo
ew

DEMOSTHENES

/ € A A » ,ὔ ‘ \ ~
λωκώς, ὁ τὴν μικρὰν οὐσίαν παραλαβὼν παρὰ τοῦ
πατρός.

~ / ‘ ᾿ς > ~ > / \

Πρῶτον δέ μοι τὸν νόμον ἐκεῖνον ἀνάγνωθι τὸν

~ ~ A \

οὐκ ἐῶντα τῶν ἐν τοῖς ἔργοις οὐδὲν ἀποφαίνειν καὶ
τὴν πρόκλησιν, ἔπειτα τὰς μαρτυρίας, ὡς δύ᾽ οἴκων
λῃτουργούντων οὑτοσὶ Φαίνιππος κεκληρονόμηκεν.

ΝΟΜΟΣ. ΠΡΟΚΛΗΣΙΣ. MAPTYPIAI

24 “Ev μόνον ἄν τις ἔχοι δεῖξαι τουτονὶ Φαίνιππον
/ > ε ~ »” / ¢
πεφιλοτιμημένον εἰς ὑμᾶς, ἄνδρες δικασταί: ἵππο-
/ > / > A / “ / \
τρόφος ἀγαθός ἐστι καὶ φιλότιμος, ἅτε νέος Kal
Ἅ, ἈΝ -
πλούσιος καὶ ἰσχυρὸς ὦν. τί τούτου μέγα σημεῖον;
5 /
ἀποδόμενος τὸν πολεμιστήριον ἵππον καταβέβηκεν
> ~ ~
ἀπὸ τῶν ἵππων, Kal ἀντ᾽ ἐκείνου ὄχημ᾽ αὑτῷ
τηλικοῦτος ὧν ἐώνηται, ἵνα μὴ πεζῇ πορεύηται"
/ e ~ a >
τοσαύτης οὗτος τρυφῆς ἐστι μεστός. Kal τοῦτ
~ ~ ~ \
ἀπογέγραφέ μοι, τῶν δὲ κριθῶν καὶ τοῦ οἴνου καὶ
τῶν ἄλλων τῶν ἐκ τῆς ἐσχατιᾶς γιγνομένων οὐδὲ τὸ
/ / »” / > > ~ ~ Ὁ / >
25 δέκατον μέρος. ἀξιόν γ᾽ ἀφεῖναι viv αὐτόν ἐστιν,
> A » \ / οὶ ~ > 2 A ~
ἐπειδὴ χρήσιμος Kal φιλότιμος Kal TH οὐσίᾳ Kal τῷ
σώματι; πολλοῦ γε καὶ δεῖ. καλῶν γὰρ κἀγαθῶν
ἐστι δικαστῶν, τοὺς μὲν τῶν πολιτῶν ἐθέλοντας,
ὅταν εὐπορῶσι, λῃτουργοῦντας καὶ ἐν τοῖς τριακο-
/ /
σίοις ὄντας ἀναπαύειν, ὅταν τούτου δεόμενοι τυγχά-
\ \ / > / - > \
νωσι, τοὺς δὲ νομίζοντας ἀπολλύειν, ὅταν εἰς TO
κοινόν τι δαπανήσωσιν, ἄγειν εἰς τοὺς προεισφέρον-

τας καὶ μὴ ἐπιτρέπειν δραπετεύειν.
46

AGAINST PHAENIPPUS, 23-25

I will show that I have expended large sums—lI,
who inherited that slender estate from my father.
(To the clerk.) Now read me first that law which
declares that no mining property shall be included
in the inventory, and the challenge and then the
depositions proving that this fellow Phaenippus has
inherited two estates that performed public services.

Tue Law. Tue CHatLtence. THE DeEposirions

There is one thing only, men of the jury, in which
anyone could show that this man Phaenippus has been
ambitious of honour from you: he is an able and
ambitious breeder of horses,? being young and rich
and vigorous. What is a convincing proof of this ?
He has given up riding on horseback, has sold his war
horse, and in his place has bought himself a chariot—
he, at his age !—that he may not have to travel on
foot ; such is the luxury that fills him. This chariot
he has included in his inventory to me, but of the
barley and wine and the rest of the farm-produce
not a tenth part. He deserves then, does he not,
to be let off now, seeing that he has been so public-
spirited and ambitious to serve both with his property
and his person? No; far fromit. For it is the duty
of honest jurymen to give respite to those citizens,
when they have need of such help, who, when
prosperous, willingly perform public services and
remain in the list of the Three Hundred; but as to
those who consider as lost whatever money they
spend upon the state, you should bring them into
the list of those who make advance contributions,
and not suffer them to run away from their duty.

2 Only well-to-do persons in Athens owned horses, and
only the wealthy possessed stock-farms.

47

DEMOSTHENES

Λέγε πρῶτον μὲν τὴν μαρτυρίαν, ἔπειτα τὴν
ἀπόφασιν αὐτοῦ.
MAPTYPIA. ΑΠΟΦΑΣΙΣ

26 “Ka ταῦτα. καίτοι πολλὰ τῶν ἔνδοθεν exdo-
ρήσας, ὦ ἄνδρες δικασταί, Φαίνιππος, ἀνοίξας τὰ
[1047] παρασεσημασμένα τῶν οἰκημάτων, ὡς ὑμῖν με-
μαρτύρηται, καὶ καταλιπὼν ὅσ᾽ ἔδοξεν αὐτῷ,
δευτέρῳ μηνὶ τὴν ἀπόφασιν ἔδωκέ μοι τῆς οὐσίας.

ἀλλ᾽ ὅμως ἔα ταῦτα.
Λέγε δ᾽ ἐντευθενὶ “ ἐπὶ τούτοις τάδε ὀφείλω.

ΑΠΟΦΑΣΙΣ

, > >
27 Ἐπίσχες. αὕτη ἐστίν, ὦ advopes δικασταί, ἡ
3 / ~ Φ λ / θ / / ὃ \
Aptotoven τοῦ Φιλοστράτου θυγάτηρ, μήτηρ δὲ
/ 4 / A > / /
τουτουί. ταύτῃ χρέως φησὶν ὀφείλεσθαι Φαίνιππος
A - ες - ~
τὴν προῖκα, ἧς οἱ νόμοι κύριον τοῦτον ποιοῦσι,
\ / a
ψευδόμενος Kal οὐ δικαίως χρώμενος TH ἀποφάσει.
/ an
dua τί yap ἐγώ, Φαίνιππε, μενούσης μοι τῆς μητρὸς
> A ” \ / \ a? > /
ἐν τῷ οἴκῳ καὶ ζώσης καὶ προῖκ᾽ ἐπενεγκαμένης,
5 ΄ A - ~
οὐκ ἀπογράφω τὴν προῖκα χρέως αὐτῇ, οὐδὲ Tapa-
A / > ~ ~
κρούομαι τοὺς δικαστάς, ἀλλ᾽ ἐῶ μετέχειν τῶν
~ 7
ἐμαυτοῦ τὴν μητέρα, ἄν τε τὴν Φαινίππου av τε τὴν
“ / » ε ~
ἐμαυτοῦ ἔχω οὐσίαν; ὅτι ot νόμοι ταῦτα κελεύου-
σιν, ὦ βέλτιστε: σὺ δὲ πάντα ποιεῖς παρὰ τοὺς
> u
νόμους. λέγ᾽ ἕτερον.

a After the death of her husband a woman might return
to the house of her κύριος (nearest male relative), or, if there
were children, she might live with them in her husband’s

48

AGAINST PHAENIPPUS, 25-27

(To the clerk.) Read first the deposition, and then
his declaration.

Tue Deposition. THe DEcLARATION

Enough of that. Yet Phaenippus, men of the jury,
opened the rooms that had been sealed and carried
off much that was within, as the witnesses have
testified to you, leaving behind just what he pleased ;
and one month after the law prescribes gave me the
declaration regarding his property. Nevertheless,
enough of that.

(To the clerk.) Read from the words, “‘ Upon this
property I owe the following debts.”’

Tue DeEcLARATION

Stop reading. This Aristonoé, men of the jury, is :

the daughter of Philostratus and mother of Phae-
nippus. He declares that a debt is owing to her for
her marriage portion, but of this the laws make
him the owner.“ His statement is therefore false,
and he does not make a just declaration. For why
is it that I, Phaenippus, while my mother—who
brought ite her a marriage portion—is living and
dwelling in my house, do at declare the marriage
portion as a debt due to her, and thus try to lead the
jurymen astray, but permit her to share in all that I
have, alike whether it shall prove to be the estate
of Phaenippus or my own? Because the laws so
command, my good Sir. But all that you do is con-
trary to the laws. (To the clerk.) Read on.

house. In this case the marriage portion became the property
of her son. In return he was bound to give his mother
maintenance, but the portion could not be counted a lien
upon his property.

VOL. II E 4.9

26

to
.1

28

[1048]

80

DEMOSTHENES

ΑΠΟΦΑΣΙΣ

᾿Ακούετ᾽, ὦ ἄνδρες δικασταί: ΠΠαμφίλῳ φησὶ καὶ
Φειδόλεῳ ἱΡαμνουσίοις κοινῇ τάλαντον ἐνοφείλειν
καὶ Αἰαντίδῃ Φλυεῖ τετρακισχιλίας καὶ ᾽Αριστο-
μένει ᾿Αναγυρασίῳ τέτταρας καὶ δέκα μνᾶς. διὰ
τί οὖν, Φαίνιππε, ὅτε μὲν ἐγὼ μάρτυρας ἔχων
ἠρώτων σ᾽ εἴ τι ὀφείλεις ἐπὶ τῇ ἐσχατιᾷ, καὶ
ἐκέλευον δεῖξαι ὅρον εἴ που ἔπεστι, καὶ διεμαρτυ-
ρόμην ὅπως μή μοι ὕστερον κατεσκευασμένοι
δανεισταὶ φανήσονται, τότε μὲν οὐδὲν ἀπέφηνας
τῶν χρεῶν, ἐπειδὴ δὲ δευτέρῳ μηνὶ τὴν ἀπόφασιν
ἔδωκάς μοι, τοῦ νόμου κελεύοντος τριῶν ἡμερῶν,
νῦν ἥκουσι δανεισταὶ καὶ ὀφειλήματα πλέον ἢ τριῶν
ταλάντων; ὅτι, ὦ βέλτιστ᾽, οὐδὲν ἄλλο κατα-
σκευάζεις, ἢ ὅσονπερ κοινῇ γέγονέ μοι πρὸς τὴν
πόλιν ὄφλημα, τοσοῦτο καὶ σοὶ ἰδίᾳ νῦν εἶναι. ὅτι
δ᾽, ὦ Φαίνιππε, ψεύδῃ καὶ ἐπιωρκηκὼς ἥκεις πρὸς
τούτους, ἤδη φανερῶς ἐλέγξω.

Λαβέ μοι, γραμματεῦ, τὴν τοῦ Αἰαντίδου καὶ
Θεοτέλους μαρτυρίαν, οἷς οὗτος ἀπογέγραφεν ὀφεί-
λονθ᾽ αὑτὸν τετρακισχιλίας δραχμὰς ψευδόμενος
καὶ πάλαι ἀποδεδωκώς, οὐχ ἑκών, ἀλλὰ δίκην

ὀφλών. λέγε.
MAPTYPIA

RY > » / \ a ~
πειτ᾽, ἄνδρες δικασταί, τὸν οὕτω καταφανῶς
> a > ,ὔ

ἐν ἅπασιν ἀδίκως πεποιημένον τὴν ἀπόφασιν, καὶ

« Rhamnus was a deme of the tribe Aeantis.
» Phlyus was a deme of the tribe Cecropis.
© Anagyrus was a deme of the tribe Erectheis.

AGAINST PHAENIPPUS, 28-30

Tue DeEcLARATION

You hear, men of the jury. He declares that 28
he owes upon the land to Pamphilus and Pheidoleus
of Rhamnus®@ jointly a talent, and to Aeantides of
Phlyus ® four thousand drachmae, and to Aristo-
menes of Anagyrus ἡ fourteen minae. Why, then,
Phaenippus, when I asked you in the presence of
witnesses whether you owed anything on your farm,
and bade you show me the pillar of mortgage, if one
were set up anywhere upon it, and adjured you not
to have any fictitious creditors to be brought to light
later on to my prejudice—why, pray, did you not re-
veal any of these debts then? And why, when you
have been a month late in giving me your declara-
tion, though the law bids that it be given within
three days, have creditors and debts for more than
three talents now come on the scene? Because, my :
good Sir, it is merely this that you are contriving,
that you may now have private debts equal in amount
to the public debt which I have incurred to the state.
But that your statement is false, Phaenippus, and
that you have come before these gentlemen as a
perjured man, I shall straightway prove beyond all
question.

Please, clerk, take the deposition of Aeantides and
Theoteles to whom this fellow has declared that he
owes four thousand drachmae. His declaration is
false, and he long ago paid the debt, not willingly,
but after a judgement had been secured against him.

Read.

bo
Je}

Tue DeEpositTIon

Well, then, men of the jury, when a man has made 30
out a declaration that is so manifestly false in all
51

91

[1049]

DEMOSTHENES

/ ~ /
μήτε τῶν νόμων φροντίσαντα μηδέν, ot διωρίκασιν
> A -
ἐν οἷς δεῖ τὴν ἀπόφασιν ποιεῖσθαι χρόνοις, μήτε
τῶν ἰδίων ὁμολογιῶν, ἃς ὁμοίως ὑπολαμβάνομεν
ἰσχυράς, χωρὶς δὲ τούτων ἀνεῳχότα τὰ σημεῖα τῶν
οἰκημάτων καὶ ἐκπεφορηκότα τὸν σῖτον καὶ τὸν
οἶνον ἔνδοθεν, πρὸς δὲ τούτοις τὴν ὕλην τὴν τετμη-
μένην πεπρακότα μετὰ τὴν ἀντίδοσιν, πλέον ἢ
τριάκοντα μνῶν οὖσαν ἀξίαν, καὶ τὸ πάντων μέγι-
στον, χρέα ψευδῆ κατεσκευακότα τῆς ἀντιδόσεως
ἕνεκα, τοῦτον δικαίως ψηφιεῖσθε πεποιῆσθαι τὴν
cee μηδαμῶς, ὦ ἄνδρες δικασταί. ποῖ
γὰρ τραπέσθαι δεήσει διαμαρτόντα τῆς ὑμετέρας
γνώμης, ὅταν οἱ πλούσιοι καὶ μηδὲν ὑμῖν πώποτε
χρήσιμοι γεγενημένοι, πολὺν καὶ σῖτον καὶ οἶνον
ποιοῦντες καὶ τοῦτον τριπλασίας τιμῆς ἢ πρότερον
διατιθέμενοι, πλεονεκτῶσι παρ᾽ ὑμῖν; ὃ μηδαμῶς

\ / > 3 σ \ ~ ΄
νυνὶ γενέσθω, ἀλλ᾽ ὥσπερ καὶ κοινῇ πᾶσι βεβοη-
θήκατε τοῖς ἐν τοῖς ἔργοις ἐργαζομένοις, οὕτω καὶ
ἰδίᾳ βοηθήσατέ μοι νῦν. καὶ γὰρ εἰ οἰκέτης ὑμῶν,
μὴ πολίτης ἦν, ὁρῶντες av μου τὴν φιλεργίαν καὶ
τὴν εἰς ὑμᾶς εὔνοιαν, ἀνεπαύσατ᾽ ἄν με τῶν ἀναλω-

/ Ae. \ A / ~ yy "Μ
μάτων καὶ ἐπὶ τὸν δραπετεύοντα τῶν ἄλλων ἤλθετε.
τὸν αὐτὸν τρόπον, ἐπειδὰν ἀποτείσω τὰ τρία

΄, 3 ς - Δ > \ > ΄, > / /
τάλανθ᾽ ὑμῖν ἃ ὦφλον καὶ ἀναλάβω ἐμαυτόν, πάλιν
ἀναπαύσαντες τῶν τεταλαιπωρηκότων ἕτερον ἐπ᾽
We? - ~ > ΝΜ ¢ / “. e ~
ἔμ᾽ ἥξετε: νῦν δ᾽ ἄφετε, ἱκετεύω πάντας ὑμᾶς,
ΕΣ / \ \ / > > \ /
ἄνδρες δικασταί, καὶ Ta δίκαι᾽ εἰρηκὼς δέομαι

~ \ / - ~

βοηθῆσαί μοι καὶ μή pe περιελαθέντα περιϊδεῖν

On ΄,
ΤΟ τοῦτων.

52

AGAINST PHAENIPPUS, 30-32

points and has shown no regard for the laws which
define the time within which the declaration must be
made out, or to the private agreements which we hold
to be equally binding; when besides this he has
opened the seals of the buildings and carried off the
grain and wine from within, and furthermore has
after the offer to exchange sold the cut timber to the
value of more than thirty minae ; and when (worst
of all) he has concocted false debts for the purpose of
the exchange—will you decide by your votes that
this man has made a just declaration ? Surely not,
men of the jury. For where is one to turn if he
fails of a verdict from you, when men of wealth who
have never been of any service to you, who produce
large quantities of grain and wine and dispose of this
at three times its former price, have an advantage in
your courts? Let not this happen now, I beg of
you; but, as you have given public aid to all those
engaged in mining, so now give aid to me as a private
citizen. For, if I had been your slave and not a
citizen, seeing my industry and my goodwill toward
you, you would have given me respite from my
expenditures and would have turned to one of the
rest who was running away from his duty. In the
same manner, when I shall have paid the three
talents for which I became liable to you, and shall
have recovered my losses, you will relieve some other
person among those in distress and turn tome. But
for the present discharge me, men of the jury, I beg
of you all ; and since I have spoken only what is just,
I implore you to come to my aid, and not to suffer me
to be harried by these men.

53

AGAINST MACARTATUS

INTRODUCTION

A certain Hagnias, of Oeon, a man of considerable
wealth, was sent out from Athens on an important
embassy, was captured with his companions by the
Lacedaemonians, and by them put to death. He left
no children, but had adopted a niece who died while
still a minor.

Under a will which the court held to be spurious
his estate was claimed by his half brothers Glaucus
and Glaucon, sons of his mother and Glaucetes, whom
she had married, whether before her marriage with
his father Boiron or after the latter’s death, does
not appear. (For the complicated family relationships
the reader is referred to the annexed table.) A
counter-claim was put in by Eubulides II, who was the
first cousin of Hagnias (the son of Phylomaché I, who
was own sister to Polemon). This Eubulides appears
to have died before the case was settled, but after
the rejection of the spurious will the property was
awarded to his daughter Phylomaché II. She, then,
as an ἐπίκληρος with a rich marriage portion, was
claimed in marriage by Sositheus, who was the son
of a female first cousin of her father.

Another suit was then instituted, regarding which
there is much obscurity, inasmuch as the accounts
given us by Pseudo- Demosthenes and by Isaeus (in
Oration VII, On the Estate of Hagnias) disagree, and

57

DEMOSTHENES

both have plainly suppressed important facts. Ac-
cording to the speech before us there were five
claimants, Phylomaché II, Theopompus (whose re-
lationship to Hagnias was so remote that he had no
shadow of right to the estate), Glaucus and Glaucon,
and a certain Eupolemus. It is contended by the
writer of our speech, as so often by Athenian pleaders,
that the other four contestants had entered into a
conspiracy to defraud Phylomaché of her rights.
Neither he nor Isaeus makes any mention of the fact
that Glaucus and Glaucon were far nearer of kin to
Hagnias than any of the others. In any case the
propérty was awarded to Theopompus, and in the
argument stress appears to have been laid on the
claim that Polemon never had a sister Phylomaché I,
the alleged grandmother of Phylomaché II. Our
writer is therefore at pains to bring forward evidence
to prove that Phylomaché I was no myth, but in very
truth the own sister of Polemon.

At the death of Theopompus the estate passed to
his son Macartatus, and thereupon Sositheus, the
husband of Phylomaché II, made a new attempt to
recover the property. He had his second son,
Fubulides III, a minor, entered in the clan of Eubuli-
des II, his maternal grandfather, and recorded as the
latter’s adopted son, his older brother Sosias being
designated as his guardian. ‘This action, if allowed,
would make Eubulides III a legitimate heir, as the
son of a first cousin of the deceased. Sosias then
summoned Macartatus to trial to determine the right
of inheritance. Sositheus, the father, in the speech
before us pleads for his minor son, maintains that
the decision rendered by the former court was won
by the conspiracy formed against him, insists that

58

Sister
Glaucetes= οἱ
| Stratius |

Glaucus Glaucon

To face page 58.

Buselus

Hagnias I eli I Stratius 1 Cleocritus Habron
Granddaughter | | |
=Polemon Phylomaché I= Philagrus Callistratus = a of Buctemon Phanostratus Charidemus Apolexis of Prospalta daughter
| abron | | |

Hagnias 11 daughter Eubulides 11 daughter daughter Stratius II Stratocles Theopompus = daughter Macartatus | Chaereleos daughter
(whose estate | (married (1) Polemon (married to
is in question) = (2) Glaucetes) Callistratus)

daughter Phylomaché IL = Sositheus Macartatus 11

(adopted by | (the defendant)

Hagnias 11)

Hubulides 111
(the plaintiff)

Sosias

AGAINST MACARTATUS

Phylomaché IT had proved her right to the property
when she won the suit against Glaucon and Glaucus.
and dwells at length on the laws and on the religious
observances performed by her branch of the family
as being nearest of kin to Hagnias. The outcome of
the suit is not known.

The speech, despite its pompous tone, possesses
much interest, though it is universally regarded as
the work of some lesser speech-writer and not of
Demosthenes.

The reader may profitably consult Schaefer, iii.?
pp. 229 ff., and Blass, iii. pp. 540 ff.

59

[1051]

3

ΧΙΜΠΙῚ

ΠΡΟΣ MAKAPTATON ΠΕΡῚ ΑΓΝΙΟΥ
KAHPOY

᾿Επειδὴ καὶ πρότερον ἀγῶνες ἐγένοντο ἡμῖν, ὦ
ἄνδρες δικασταί, πρὸς τοὺς αὐτοὺς τούτους περὶ
τοῦ κλήρου τοῦ ᾿Αγνίου, καὶ οὐδὲν παύονται παρα-
νομοῦντες καὶ βιαζόμενοι, ὥστ᾽ ἐκ παντὸς τρόπου
τὰ μὴ προσήκονθ᾽ ἑαυτοῖς ἔχειν, ἀνάγκη ἴσως ἐστὶ
τὰ πραχθέντ᾽ ἐξ a ἀρχῆς διηγήσασθαι: ὑμεῖς τε γάρ,
ὦ “ἄνδρες δικασταΐ, ῥᾷον παρακολουθήσετε ἅπασι
τοῖς λεγομένοις, καὶ οὗτοι ἐπιδειχθήσονται οἷοί
εἰσιν ἄνθρωποι, καὶ ὅτι πάλαι “ἤδη ἀρξάμενοι οὐδὲν
παύονται κακοτεχνοῦντες καὶ οἰόμενοι δεῖν δια-
πράττεσθαι 6 τι ἂν ἐπέλθῃ τούτοις. δεόμεθα οὖν
ὑμῶν, ὦ ἄνδρες δικασταί, εὐνοϊκῶς ἀκροάσασθαι
τῶν λεγομένων καὶ παρακολουθεῖν προσέχοντας
τὸν νοῦν. πειράσομαι δὲ κἀγὼ διδάσκειν ὡς ἂν
οἷός τε ὦ σαφέστατα περὶ τῶν πεπραγμένων.

Τουτουὶ γὰρ τοῦ παιδὸς ἡ μήτηρ, ὦ ἄνδρες δικα-
σταΐ, γένει οὖσα ἐγγυτάτω ᾿Αγνίᾳ τῷ ἐξ Οἴου,
ἐπεδικάσατο τοῦ κλήρου τοῦ ᾿Αγνίου κατὰ τοὺς
νόμους τοὺς ὑμετέρους: καὶ τῶν τότε ἀμφισβητη-

α There were two demes bearing the name Oeon, one

60

XLII

SOSITHEUS AGAINST MACARTATUS,
IN REGARD TO THE ESTATE OF
HAGNIAS

Since we have had suits before now, men of the jury,
against these same men regarding the estate of
Hagnias, and they do not cease from their lawless
and violent conduct, endeavouring by hook or crook
to keep what does not belong to them, it is perhaps
necessary to set forth all that has been done from the
beginning ; for you, men of the jury, will thus more
easily follow the course of the whole argument, and
these men will be exhibited in their true character,
and you will see that they began long ago and still
continue to play their tricks, and to think that they
may do whatever occurs to them. We therefore beg
of you, men of the jury, to listen to our arguments
with goodwill, and to follow with close attention.
And I, on my part, will endeavour to give you the
clearest information I can concerning the facts.

The mother of this boy, men of the jury, being the
nearest of kin to Hagnias of Oeon,? had the estate of
Hagnias adjudged to her accor ding to your laws; and

belonging to the tribe Leontis, the other to the tribe Hippo-
thontis.

61

bo

w

DEMOSTHENES

σάντων αὐτῇ τοῦ κλήρου τουτουί, γένει μὲν ὡς
ἐγγυτέρω τις εἴη αὐτῶν τῆς γυναικός, οὐδ᾽ ἐ ἐπ-
εχείρησεν οὐδεὶς ἀντομόσαι (ὡμολογεῖτο γὰρ παρὰ
πάντων τῆς γυναικὸς εἶναι ἡ κληρονομία κατὰ
4 τὴν ἀγχιστείαν), διαθήκας δὲ ψευδεῖς ἧκον κατα-
σκευάσαντες Γλαῦκός τε ὁ ἐξ Οἴου καὶ Γλαύκων
ὁ ἀδελφὸς αὐτοῦ, καὶ Θεόπομπος ὁ τουτουὶ πατὴρ
Μακαρτάτου ἐκείνοις συγκατεσκεύαζεν ἅπαντα
ταῦτα καὶ ἐμαρτύρει τὰς πλείστας μαρτυρίας. αἱ
δὲ διαθῆκαι, ἃς τότε παρέσχοντο, ἐξηλέγχθησαν
ψευδεῖς οὖσαι: καὶ οὐ μόνον ἡττήθησαν, ἀλλὰ καὶ
πονηρότατοι δόξαντες εἶναι ἀπηλλάττοντο ἀπὸ τοῦ
ὅ δικαστηρίου! καὶ ἐπιδημῶν τότε Θεόπομπος ὁ
τουτουὶ πατὴρ Μακαρτάτου, τοῦ κήρυκος κηρύτ-
τοντος, εἴ τις ἀμφισβητεῖν ἢ παρακαταβάλλειν
βούλεται τοῦ κλήρου τοῦ ᾿Αγνίου ἢ κατὰ γένος
κατὰ διαθήκας, οὐκ ἐτόλμησε παρακαταβαλεῖν, ἀλλ᾽
αὐτὸς ἑαυτῷ ἐδίκασεν ὅτι οὐδαμόθεν αὐτῷ προσ-
6 κεν οὐδὲν τοῦ κλήρου τοῦ ᾿Αγνίου. ἐχούσης δὲ
τῆς μητρὸς τοῦ παιδὸς τουτουὶ τὸν κλῆρον, ἐπειδὴ
ἐνίκησεν ἐν τῷ δικαστηρίῳ ἅπαντας τοὺς ἀμῴφισ-
βητήσαντας ἑαυτῇ, οὕτως εἰσὶ μιαροὶ οὗτοι, καὶ
[1069] οὐκ οἴονται δεῖν οὔτε τοῖς νόμοις τοῖς ὑμετέροις
πείθεσθαι οὔτε τοῖς γνωσθεῖσιν ἐν τῷ δικαστηρίῳ,
ἀλλὰ πάντα τρόπον ἐπιχειροῦντες ἀφελέσθαι πάλιν
τὴν γυναῖκα τὸν κλῆρον ὃν ὑμεῖς αὐτῇ ἐψηφίσασθε,
7 συνομόσαντες καὶ συνθήκας γράψαντες πρὸς ἀλλή-
λους καὶ καταθέμενοι παρὰ Μηδείῳ ᾿Αγνουσίῳ,
Θεόπομπος ὁ τουτουὶ πατὴρ Μακαρτάτου καὶ
Γλαύκων καὶ Γλαῦκος 6 ἡττηθεὶς τὸ πρότερον,
καὶ ἕτερόν τιύα τῶν ἐπιτηδείων τέταρτον προσ-

62

AGAINST MACARTATUS, 3-7

of those who then made counter-claims to this estate
not one ventured to swear that he was nearer of kin
than the lady (for it was admitted by all that the in-
heritance belonged to her by virtue of nearest kin-
ship), but Glaucus of Oeon and Glaucon his brother
presented themselves, having concocted a spurious
will, and Theopompus, the father of Macartatus here,
joined with them in getting up this whole scheme,
and was their witness in most of the depositions that
were putin. The will which they then produced was
proved to be spurious, and they not only lost their
case, but went out of court completely disgraced.
And Theopompus, the father of Macartatus here, al-
though he was in town when the herald asked by pro-
clamation whether anyone wished to lay claim to the
estate of Hagnias by virtue of kinship or under a will, or
to deposit security for the costs of such claim, yet did
not venture to make a deposit, but by his own act gave
judgement against himself that he had no conceivable
claim on the estate of Hagnias. But, although the
mother of this boy here became possessed of the in-
heritance, since she had prevailed in the suit over all
those who disputed her claim, these men are abomin-
able, as you see, and imagine that they need obey
neither your laws nor the decisions of your courts,
but they are trying by fair means or foul once more
to take away from the lady the inheritance which you
awarded to her. A conspiracy was formed, and a
written agreement entered into, and deposited with
Medeius of Hagnus,* by Theopompus, the father of
Macartatus here, and by Glaucon and the Glaucus who
was worsted in the former suit ; and they added to them-
selves as a fourth another of their friends (Eupolemus

« Hagnus was a deme of the tribe Acamantis.

63

~

or

or)

=I

[1053]
10

DEMOSTHENES

λαβόντες (᾿ὐπόλεμος ἦν αὐτῷ ὄνομα), οὗτοι ἅπαν-
τες κοινῇ ἐπιβουλεύσαντες προσεκαλέσαντο τὴν
γυναῖκα πρὸς τὸν ἄρχοντα εἰς διαδικασίαν τοῦ
κλήρου τοῦ ᾿Αγνίου, φάσκοντες τὸν νόμον κελεύειν
παρὰ τοῦ ἐπιδεδικασμένου καὶ ἔχοντος τὸν κλῆρον
προσκαλεῖσθαι, ἐάν τις βούληται ἀμφισβητεῖν. καὶ
ἐπειδὴ ἦγεν ὁ ἄρχων εἰς τὸ δικαστήριον καὶ ἔδει
ἀγωνίζεσθαι, τά τε ἄλλα ἦν αὐτοῖς ἅπαντα κατ-
εσκευασμένα εἰς τὸν ἀγῶνα, καὶ τὸ ὕδωρ, πρὸς ὃ
ἔδει ἀγωνίζεσθαι, τετραπλάσιον ἡμῶν ἔλαβον. ἐξ
ἀνάγκης γὰρ ἦν, ὦ ἄνδρες δικασταί, τῷ ἄρχοντι
ἀμφορέα ἑκάστῳ ἐγχέαι τῶν ἀμφισβητούντων, καὶ
τρεῖς χοᾶς τῷ ὑστέρῳ λόγῳ. ὥστε συνέβαινεν
ἐμοὶ τῷ ὑπὲρ τῆς γυναικὸς ἀγωνιζομένῳ, μὴ ὅτι
περὶ τοῦ γένους καὶ τῶν ἄλλων ὧν μοι προσῆκε
διηγήσασθαι τοῖς δικασταῖς ὡς ἐγὼ ἐβουλόμην,
ἀλλ᾽ οὐδ᾽ ἀπολογήσασθαί μοι ἐξεγένετο οὐδὲ
πολλοστὸν μέρος ὧν κατεψεύδοντο ἡμῶν: πέμπτον
γὰρ μέρος εἶχον τοῦ ὕδατος. καὶ τὸ σόφισμα ἦν
τοῦτο, αὐτοὺς μὲν ἑαυτοῖς συναγωνίζεσθαι καὶ
ὁμολογεῖν ἅπαντα, περὶ ἡμῶν δὲ λέγειν τὰ οὐδε-
πώποτε γενόμενα. καὶ τοῦτον τὸν τρόπον ἐπι-
βουλευσάντων καὶ συναγωνιζομένων ἀλλήλοις ἐφ᾽
ἡμᾶς, καδίσκων τεττάρων τεθέντων κατὰ τὸν
νόμον, εἰκότως, οἶμαι, οἱ δικασταὶ ἐξηπατήθησαν
καὶ ἐστασίασαν ἀλλήλοις καὶ παρακρουσθέντες ὑπὸ
τῆς παρασκευῆς ἐψηφί ζοντο ὃ τι ἔτυχεν ἕκαστος.
καὶ at ψῆφοι ὀλίγαις πάνυ ἐγένοντο πλείους, ἢ

* The amphora contained about nine gallons.

64

AGAINST MACARTATUS, 7-10

was his name). All these men, having in common
formed their plot, cited the lady before the archon
for the adjudication of claims to the estate of
Hagnias, declaring that the law prescribed that if
anyone wished to enter a claim, citation should be
made of the one to whom the estate had been

adjudged and who had it in his possession. And 8

when the archon brought the case into court, and the
trial was to be held, they had everything cleverly
arranged for the trial, and in particular the water
which was to measure their speeches was four times
as much as that allowed tous. For the archon, men of
the jury, was obliged to pour into the water-clock an
amphora® of water for each claimant, and three
choes ὃ for the reply ; so that I, who acted as pleader
for the lady, was not only unable to explain to the
jurymen the relationship and other matters as clearly
as I could have wished, but could not even defend
myself against the smallest fraction of the lies which
they told about us ; for I had but a fifth part of the
water. Their scheme was this: to tell a wholly false
story about us, but to back one another up and agree
in everything. So, since they had formed their plot
in this way, and each backed up the other’s charges
against us, when the four ballot-boxes ° were set out
according to law, the jurymen, naturally enough, as I
think, were deceived and could not agree with one
another, and being led astray by this trick, they
voted each as chance determined. And there were a

> The chous contained about 4, of an amphora.

© One ballot-box, that is, for each contestant. ‘There were
five in all, but the two brothers, Glaucus and Glaucon, were
apparently ccunted as one, since their title was the same.
This problem is discussed by Wyse in his introduction to
Isaeus XI.

VOL. II F 65

--

0

11

19
[1054]

14

DEMOSTHENES

A δ / > ~ / / ”
τρισὶν ἢ τέτταρσιν, ἐν τῷ Θεοπόμπου καδίσκῳ ἢ
ἐν τῷ τῆς γυναικός.

\ , = > >

Kai τότε μὲν ταῦτα, ὦ ἄνδρες δικασταί, ἦν τὰ
A ‘
πραχθέντα. ἐπειδὴ δ᾽ οὑτοσὶ 6 παῖς ἐγένετο καὶ
> te - ΄
ἐδόκει καιρὸς εἶναι, οὐκ ὀργισθεὶς ἐγὼ τοῖς γενο-
/ > ¢ > A
μένοις, ἀλλ᾽ ἡγούμενος εἰκός τι παθεῖν τοὺς τότε
δικάζοντας, εἰσήγαγον εἰς τοὺς φράτερας τοὺς τοῦ
“χὰ / Ed Ato A «ς / > ~
Ayviov Εὐβουλίδῃ τὸν παῖδα τουτονί, ἐκ τῆς
θυγατρὸς ὄντα τῆς ἐκείνου, ἵνα μὴ ἐξερημωθῇ o
> > ~ / >
οἶκος. ἐκεῖνος γάρ, ὦ ἄνδρες δικασταί, ὁ Edfov-
/ ς ~ έ / / Ἅ > / /
λίδης, ὁ τῷ “Ayvia γένει ὧν ἐγγυτάτω, μάλιστα
Yi A - « ΄ σ΄
μὲν ηὔχετο τοῖς θεοῖς υἱὸν αὑτῷ γενέσθαι, ὥσπερ
/ i? \ ~ ~
καὶ ἡ θυγάτηρ ἡ τουτουὶ μήτηρ τοῦ παιδὸς αὐτῷ
> \ ΄
ἐγένετο: ἐπειδὴ δὲ τούτου ἀπέτυχε καὶ οὐκ ἐγένετο
παῖς ἄρρην αὐτῷ οὐδὲ εἷς, μετὰ ταῦτ᾽ ἤδη ἐσπού-
> ~ ~ ~ ς
alev ὅπως ἐκ τῆς θυγατρὸς εἰσποιηθῇ αὑτῷ υἱὸς
¢€ ~
els TOV οἶκον τὸν ἑαυτοῦ καὶ τὸν “Ayviov, καὶ εἰς
> ~
τοὺς φράτερας εἰσαχθῇ τοὺς ἐκείνου, ἡγούμενος,
> > ~ ~
ὦ ἄνδρες δικασταί, ἐκ τῶν ὑπολοίπων τοῦτον εἶναι
~ \ τι
ἑαυτῷ οἰκειότατον, καὶ οὕτως ἂν μάλιστα τὸν οἶκον
τὸν ἑαυτῶν διασῴζεσθαι καὶ οὐκ ἂν ἐξερημωθῆναι.
\ > \ ~ oe / > > ~ « \ > /
Kal ἐγὼ ταῦτα ὑπηρέτησ᾽ αὐτῷ, ὁ τὴν Εὐβουλίδου
>
θυγατέρα ἔχων ἐπιδικασάμενος γένει ὧν ἐγγυτάτω,
καὶ εἰσήγαγον τὸν παῖδα τουτονὶ εἰς τοὺς ᾿Αγνίου
\ > / / > ἣν \ /
Kal Εὐβουλίδου φράτερας, μεῦ ὧν καὶ Θεόπομπος
ὁ τουτουὶ πατὴρ Μακαρτάτου, ὃ ἕως ἔζη, ἐφράτριζε
καὶ αὐτὸς οὗτος. καὶ ot φράτερες, ὦ ἄνδρες
ς
δικασταί, οἱ τουτουὺ Μακαρτάτου, οἱ ἀριστα
» \ ~ e ~ ~
εἰδότες περὶ TOD γένους, δρῶντες αὐτὸν μὲν τοῦτον
/ > / ¢ A
od θέλοντα κινδυνεύειν οὐδ᾽ ἀπάγοντα TO ἱερεῖον
Ἃ ~ ~ > \ > /
ἀπὸ τοῦ βωμοῦ, εἰ μὴ προσηκόντως εἰσήγετο ὁ

66

AGAINST MACARTATUS, 10-14

very few more votes—some three or four—in the box
of Theopompus than in that of the lady.

This, then, was what took place at that time. But
when this boy was born, and it seemed a fitting time,
I, being in no way incensed at what had happened,
but considering that the former jurymen had met
with a very natural experience, introduced this boy
here to the clansmen of Hagnias in the interest
of Eubulides, seeing that the boy was the son of
his daughter, in order that the family might not
become extinct. For the elder Eubulides, men of
the jury, who was next of kin to Hagnias, prayed to
the gods above all else that a son might be born to
him as a daughter had been, the mother of this boy ;
but since he failed of this hope and not a single male
child was born to him, his next dearest wish was that
a son of his daughter should be adopted into his own
family and that of Hagnias and should be introduced
to the members of his clan; for he thought, men of
the jury, that of his surviving relatives this boy was
nearest to him, and that in this way their house
would best be preserved and kept from extinction.
And I was the one to render him this service, since I
was husband to the daughter of Eubulides, she having
been adjudged to me as being the nearest of kin, and
I introduced this boy to the clansmen of Hagnias
and Eubulides, to which fellowship Theopompus, the
father of Macartatus here, belonged during his life-
time, and to which Macartatus now belongs. And
the fellow-clansmen of Macartatus here, who knew
better than any others the pedigree of the family,
seeing that he himself did not choose to risk a contest
and did not remove the victim from the altar, as he
should have done had the introduction of this boy not

67

12

DEMOSTHENES

mats οὑτοσί, αὐτοὺς δ᾽ ἀξιοῦντα ἐπιορκεῖν, λαβόντες
τὴν ψῆφον καομένων τῶν ἱερείων, ἀπὸ τοῦ βωμοῦ
φέροντες τοῦ Διὸς τοῦ φρατρίου, παρόντος τουτουὶ
Μακαρτάτου, ἐψηφίσαντο τὰ δίκαια, ὦ ἄνδρες
δικασταί, ὀρθῶς καὶ προσηκόντως τὸν παῖδα του-
τονὶ το π a Εὐβουλίδῃ υἱὸν εἰς τὸν οἶκον τὸν

5 ᾿Αγνίου. ψηφισαμένων δὲ ταῦτα τῶν φρατέρων

16

[1055]

τῶν τουτουὶ Μακαρτάτου, vids ὧν [ὐβουλίδου ὁ
παῖς οὑτοσὶ προσεκαλέσατο Μακάρτατον τοῦ κλή-
ρου τοῦ ᾿Αγνίου εἰς διαδικασίαν, καὶ ἔλαχε πρὸς
τὸν ἄρχοντα, κύριον ἐπιγραψάμενος τὸν ἀδελφὸν
τὸν ἑαυτοῦ" ἐμοὶ γὰρ οὐκέτι οἷόν τ᾽ ἦν, ὦ ἄνδρες
δικασταί, κυρίῳ ἐπιγεγράφθαι, εἰσπεποιηκότι τὸν
παῖδα εἰς τὸν οἶκον Tov ὐβουλίδου. καὶ ἡ πρόσ-
κλησις ἐγένετο τῷ παιδὶ τουτῳὶ κατὰ τὸν νόμον,
καθ᾽ ὅνπερ καὶ οὗτοι προσεκαλέσαντο τὴν τουτουὶ
μητέρα, τὴν νενικηκυῖαν πρότερον ἐν τῷ δικαστηρίῳ
καὶ ἔχουσαν τὸν κλῆρον τὸν ᾿Αγνίου.

Kai μοι ἀνάγνωθι τὸν νόμον, καθ᾽ ὃν ἡ πρόσ-
κλησίς ἐστι παρὰ τοῦ ἔχοντος τὸν κλῆρον.

ΝΟΜΟΣ

~ Las nn

‘Kav δ᾽ ἐπιδεδικασμένου ἀμφισβητῇ τοῦ κλήρου ἢ
τῆς ἐπικλήρου, προσκαλείσθω τὸν ἐπιδεδικασμένον πρὸς
τὸν ἄρχοντα, καθάπερ ἐπὶ τῶν ἄλλων δικῶν: παρα-
καταβολὰς δ᾽ εἶναι τῷ ἀμφισβητοῦ ἐὰν δὲ μὴ
αταβολὰς εἶναι τῷ ἀμφισβητοῦντι. δὲ μὴ
προσκαλεσάμενος ἐπιδικάσηται, ἀτελὴς ἔσται ἡ ἐπι-
δικασία τοῦ κλήρου. ἐὰν δὲ μὴ (7 ὁ ἐπιδικασάμενος
τοῦ κλήρου, προσκαλείσθω κατὰ ταὐτά, ᾧ ἂν ἡ προ-

α That is, by demanding that they should render a decision
in violation of the oath which they had sworn.

68

AGAINST MACARTATUS, 14-16

been legitimate, but demanded that they commit
perjury,” took the ballot while the victims were still
burning, and carried it from the altar of Zeus Phatrius ἢ
in the presence of the defendant Macartatus, and gave
a just verdict, men of the jury—that this boy was
duly and rightfully introduced as the adopted son of
Eubulides into the family of Hagnias. But when the
fellow-clansmen of the defendant Macartatus had
passed this vote, this boy, as the son of Eubulides,
cited the defendant Macartatus for an adjudication
of claims for the estate of Hagnias, and had a day
appointed by the archon for the hearing, inscribing
his brother’s name as his guardian; for it was no
longer open to me, men of the jury, to stand inscribed
as guardian, since I had got the boy adopted into the
family of Eubulides. And the citation was made by
this boy according to the same laws in accordance
with which these men had cited his mother, who had
won the former suit in court, and was in possession of
the estate of Hagnias.

(To the clerk.) Please read the law which ordains
that citation shall be made of the person possessing
the inheritance.

Tre Law

If any person shall claim the inheritance or the heiress
after adjudication has been made, let him cite before the
archon the person who has obtained the adjudication just
as in other suits, and a deposit to cover costs shall be made
by the claimant. And if he wins an adjudication without
citation, the adjudication of the estate shall be of no effect.
And if the person who has had the estate adjudged to him be
not living, let the claimant cite in like manner the successor,
provided that the period covered by the statute of limitations

>» So named, as god of the clan (phratry)—which was a
religious institution. .
69

-

--

6

DEMOSTHENES

/ ΄ fs Ν 3 > / με “"
θεσμία μήπω ἐξήκῃ. τὴν δ᾽ ἀμφισβήτησιν εἶναι τῷ
ἔχοντι, καθότι ἐπεδικάσατο οὗ ἂν ἔχῃ τὰ χρήματα.

~ \ / > / / Jing 38, ~ /
17 Tod μὲν νόμου ἀκηκόατε, δέομαι δ᾽ ὑμῶν δικαίαν
δέησιν, ὦ ἄνδρες δικασταί. ἐὰν γὰρ ἐπιδείξω
Θεοπόμπου τοῦ πατρὸς τοῦ Μακαρτάτου γένει
y+ « / > / J / \ ~
ὄντας ‘Ayvia ἐγγυτέρω Εὐβουλίδην τε τὸν παῖδα
τουτονὶ καὶ Φυλομάχην, ἥ ἐστι μήτηρ τῷ παιδί,
Ed / \ / \ > / o7 >
ὑβουλίδου δὲ θυγάτηρ, καὶ od μόνον γένει ἐγ-
΄΄ » 3 \ \ / ? \ y” ᾽ /
γυτάτω ὄντας, ἀλλὰ τὸ παράπαν οὐδὲ ὄντα οὐδένα
5 be > ~ ” ~ « / ” “ \
ἀνθρώπων ἐν τῷ οἴκῳ τῷ “Ayviov ἄλλον ἢ τὴν
μητέρα τοῦ παιδὸς τουτουὶ καὶ αὐτὸν τουτονὶ τὸν
“-“ m 9 AY > / / ¢€ ~ > BA
παῖδα, ταῦτ᾽ ἐὰν ἐπιδείξω, δέομαι ὑμῶν, ὦ ἄνδρες
δικασταί, βοηθεῖν ἡμῖν.
\ \ oy ~ / ων ” /
18. To μὲν οὖν πρῶτον διενοήθην, ὦ ἄνδρες δικασταΐ,
γράψας ἐν πίνακι ἅπαντας τοὺς συγγενεῖς τοὺς
‘Ayviov, οὕτως ἐπιδεικνύειν ὑμῖν καθ᾽ ἕκαστον"
> \ 3 > / > a“ 5 > δ ΐ /
ἐπειδὴ δ᾽ ἐδόκει οὐκ ἂν εἶναι ἐξ ἴσου ἡ θεωρία
ἅπασι τοῖς δικασταῖς, ἀλλ᾽ ot πόρρω καθήμενοι
ἀπολείπεσθαι, ἀναγκαῖον ἴσως τῷ λόγῳ διδάσκειν
ὑμᾶς" τοῦτο γὰρ ἅπασι κοινόν ἐστιν. πειρασόμεθα
δὲ καὶ ἡμεῖς ὡς ἂν μάλιστα δυνώμεθα διὰ βραχυ-
τάτων ἐπιδεῖξαι περὶ τοῦ γένους τοῦ ᾿Αγνίου.
\
19 Bovcedos yap jv ἐξ Οἴου, ὦ ἄνδρες δικασταί, Kat
ca
τούτῳ ἐγένοντο πέντε υἱεῖς, ‘Ayvias καὶ Εὐβου-
/ τ Νὴ / Nae, \ /
λίδης καὶ Στρατίος καὶ “ABpwv καὶ Κλεόκριτος.
καὶ οὗτοι ἅπαντες of τοῦ Βουσέλου υἱεῖς ἄνδρες
> A \
ἐγένοντο, καὶ διένειμεν αὐτοῖς τὴν οὐσίαν 6 πατὴρ
ὁ Βούσελος ἅπασι καλῶς καὶ δικαίως, ὥσπερ
[1056] προσῆκεν. νειμάμενοι δὲ τὴν οὐσίαν, γυναῖκα
αὐτῶν ἕκαστος ἔγημε κατὰ τοὺς νόμους τοὺς
ὑμετέρους, καὶ παῖδες ἐγένοντο αὐτοῖς ἅπασι καὶ
το

AGAINST MACARTATUS, 16-19

has not expired.* And the claim upon the possessor shall be
that he shall show on what terms the person whose property
he holds had it adjudged to him.

You have heard the law, and it is a reasonable re-
quest I make of you, men of the jury. If I shall prove
to you that this boy Eubulides here and Phylomaché,
who is thé mother of the boy and the daughter of
Eubulides, are nearer of kin to Hagnias than Theo-
pompus, the father of Macartatus, and not only that
they are nearest of kin, but that there is absolutely
no human being belonging to the house of Hagnias
except the mother of this boy and the boy himself,—
if I shall prove this, I beg of you, men of the jury, to
give your aid to us.

At the first, men of the jury, it was my intention
to write on a board all the kinsfolk of Hagnias, and
thus to exhibit them to you one by one ; but when
I saw plainly that not all the jurymen would have an
equally good view, but that those sitting at a distance
would be at a disadvantage, it is perhaps necessary
to instruct you by word of mouth, for thus all will be
on the same footing. I, on my part, will endeavour
to the best of my ability to inform you regarding the
family of Hagnias in the fewest words possible.

Buselus, men of the jury, was a member of the
deme Oeon, and to him were born five sons, Hagnias
and Eubulides and Stratius and Habron and Cleo-
eritus. And all these sons of Buselus grew up to
manhood, and their father Buselus divided his
property among them all fairly and equitably, as was
fitting. And when they had divided the property
among themselves, each of them married a wife
according to your laws, and sons and grandsons were

« This period was five years.
71

--

8

DEMOSTHENES

/ “ \ > / / > ~
παίδων παῖδες, Kal ἐγένοντο πέντε οἶκοι ἐκ τοῦ
/ Ud « A » yA a
Βουσέλου οἴκου ἑνὸς ὄντος, Kal χωρὶς ἕκαστος
» ‘ ε ~ , > ~ /
WKEL TOV ἑαυτοῦ ἔχων καὶ ἐκγόνους ἑαυτοῦ ποιού-

20 μενος. περὶ μὲν οὖν τῶν τριῶν ἀδελφῶν τῶν τοῦ

[1057]

Βουσέλου υἱέων, καὶ τῶν ἐκγόνων τῶν τούτοις
γενομένων, τί ἂν ἐγὼ ἢ ὑμῖν, ὦ ἄνδρες .δικασταΐ,
πράγματα παρέχοιμι ἢ “ἐμαυτῷ, ἐξηγούμενος περὶ
ἑκάστου; ὄντες γὰρ ἐν ταὐτῷ γένει Θεοπόμπῳ
καὶ προσήκοντες ὁμοίως τῷ ᾿Αγνίᾳ, οὗ ἐστιν ὁ
κλῆρος, οὐδεὶς αὐτῶν οὔτε πρότερον πώποτ᾽ οὔτε
νῦν ἠνώχλησεν ἡμῖν, οὐδ᾽ ἠμφεσβήτησεν οὔτε τοῦ
κλήρου τοῦ ᾿Αγνίου οὔτε τῆς γυναικὸς τῆς ἐπικλή-
ρου, ἣν ἐγὼ ἔχω ἐπιδικασάμενος, ἡγούμενοι οὐδ᾽
ὁτιοῦν προσήκειν ἑαυτοῖς οὐδενὸς τῶν ᾿Αγνίου.
περίεργον δή “μοι δοκεῖ εἶναι λέγειν περὶ τούτων,
πλὴν ὅσ᾽ ἐξ ἀνάγκης ἐστὶν ἐπιμνησθῆναι. περὶ δὲ
Θεοπόμπου τοῦ πατρὸς τοῦ Μακαρτάτου καὶ αὐτοῦ
τουτουὶ Μακαρτάτου, περὶ τούτων μοί ἐστιν ἐξ
ἀνάγκης λέγειν. ἔστι δὲ βραχὺς ὁ λόγος, ὦ ἄνδρες
ικασταί. ὥσπερ γὰρ ὀλίγον τι πρότερον ἀκηκόατε
ὅτι τῷ Βουσέλῳ πέντε υἱεῖς ἐγένοντο, τούτων εἷς
ἣν Στρατίος ὁ τουτουὶ πρόγονος Μακαρτάτου, καὶ
ἕτερος ᾿Αγνίας ὁ τουτουὶ πρόγονος τοῦ παιδός.
ἐγένετο δὴ υἱὸς τῷ ᾿Αγνίᾳ Πολέμων καὶ θυγάτηρ
Φυλομάχη, ἀδελφὴ τοῦ Πολέμωνος ὁμοπατρία καὶ
ὁμομητρία" τοῦ δὲ Στρατίου ἐγένοντο τοῦ ἀδελφοῦ
τοῦ ᾿Αγνίου Φανόστρατος καὶ Χαρίδημος. ὁ του-
τουὶ πάππος Μακαρτάτου. ἐρωτῶ δὴ ὑμᾶς, ὦ
ἄνδρες δικασταί, πότερος οἰκειότερός ἐστι καὶ
προσήκει μᾶλλον τῷ ᾿Αγνίᾳ, ὁ υἱὸς ὁ [ΙΙολέμων
καὶ ἡ θυγάτηρ ἡ Φυλομάχη, ἢ Χαρίδημος ὁ υἱὸς
ὁ Στρατίου, ἀδελφιδοῦς δ᾽ ᾿Αγνίου; ἐγὼ μὲν γὰρ
72

AGAINST MACARTATUS, 19-22

born to them all, and there sprang up five households
from the single one of Buselus ; and they dwelt apart,
each one having his own home and begetting his
descendants. Now with regard to three of the
brothers, sons of Buselus, and the descendants born
to them, why should I trouble you, men of the jury,
or myself by going into particulars about each one ?
For although they are in the same degree of relation-
ship as Theopompus, and are as near of kin to Hagnias,
whose estate is in question, not one of them has ever
troubled us either at an earlier time or now, nor
has made any claim to the estate of Hagnias or to
the woman who is the heiress, who was assigned
in marriage to me; for they considered that they
had no claim whatever to anything belonging to
Hagnias. It seems to me therefore that it would be
entirely superfluous to say anything about them save
only what I cannot help mentioning. Of Theo-
pompus, however, the father of Macartatus, and of
Macartatus the defendant himself, it is necessary
for me to speak. Yet the story, men of the jury,
is a short one. As you have just heard, Buselus
had five sons. One of these was Stratius, the an-
cestor of Macartatus, and another was Hagnias, the

ancestor of this boy. To Hagnias was born a son, :

Polemon, and a daughter, Phylomaché, sister of
Polemon by the same father and the same mother ;
and to Stratius, the brother of Hagnias, there were
born Phanostratus and Charidemus, the grandfather
of the defendant Macartatus. Now I ask you,
men of the jury, which is nearer of kin and more
closely related to Hagnias, his son Polemon and his
daughter Phylomaché, or Charidemus, the son of
Stratius, and nephew of Hagnias? For my part I

73

bo

bo

bo

23

24

bo
Or

[1068]
26

DEMOSTHENES

ἡγοῦμαι τὸν υἱὸν καὶ τὴν θυγατέρα οἰκειότερον

Ss ¢ / ¢€ ~ ~ an“ \ > ~ \
εἶναι ἑκάστῳ ἡμῶν μᾶλλον ἢ τὸν ἀδελφιδοῦν Kat
οὐ μόνον παρ᾽ ἡμῖν τοῦτο νενόμισται, ἀλλὰ καὶ

\ A ΒΕ “ ΡΣ ἢ \ /
παρὰ Tots ἄλλοις ἅπασι Kat “EAAqo καὶ βαρβάροις.
ἐπειδὴ τοίνυν τοῦθ᾽ ὁμολογεῖται, ῥᾳδίως ἤδη τοῖς
ἄλλοις, ὦ ἄνδρες δικασταί, παρακολουθήσετε, καὶ
αἰσθήσεσθε τούτους ὅτι εἰσὶ βίαιοι καὶ ἀσελγεῖς
ἄνθρωποι.

Τοῦ Πολέμωνος γὰρ τοῦ υἱέος τοῦ ᾿Αγνίου
ἐγένετο υἱὸς ᾿Αγνίας, τὸ τοῦ πάππου τοῦ ἑαυτοῦ
ὄνομ᾽ ἔχων, τοῦ ᾿Αγνίου. καὶ οὗτος μὲν ἄπαις
>) 4 Ce: / - a
ἐτελεύτησεν ὁ Αγνίας ὁ ὕστερος. τῆς Φυλομάχης
δὲ τῆς ἀδελφῆς τῆς Πολέμωνος, καὶ Φιλάγρου, ᾧ
ἔδωκεν αὐτὴν ὃ ἀδελφὸς [Ιολέμων ἀνεψιῷ ὄντι
«ς ~ ε \ / {| Ss > / ~
ἑαυτοῦ (ὁ yap Φίλαγρος υἱὸς ἦν Εὐβουλίδου τοῦ
ἀδελφοῦ τοῦ “Αγνίου), τοῦ δὴ Φιλάγρου τοῦ
> ~ ~ vA \ ~ / ~
ἀνεψιοῦ τοῦ IloAguwvos καὶ τῆς Φυλομάχης τῆς
ἀδελφῆς τῆς Πολέμωνος ἐγένετο υἱὸς υὐβουλίδης,
ὃ “πατὴρ ὃ τῆς μητρὸς τοῦ παιδὸς τουτουί. καὶ
οὗτοι μὲν υἱεῖς ἐγένοντο Πολέμωνι καὶ τῇ ἀδελφῇ
τῇ Πολέμωνος Φυλομάχῃ. τοῦ δὲ Χαριδήμου
ἐγένετο, τοῦ υἱέος τοῦ Στρατίου, Θεόπομπος ὃ
τουτουὶ πατὴρ Μακαρτάτου. πάλιν, δὴ ἐρωτῶ,
ὦ ἄνδρες δικασταί, πότερος οἰκειότερός ἐστι καὶ
προσήκει μᾶλλον ‘Ayvia τῷ πρώτῳ ἐκείνῳ, ὃ
Πολέμωνος υἱὸς ᾿Αγνίας, καὶ Εὐβουλίδης ὁ DvAo-
μάχης υἱὸς καὶ Φιλαγρου, 7 Θεόπομπος ὃ Χαρι-
δήμου υἱός, Στρατίου δὲ ὑϊδοῦς; ἐγὼ μὲν γὰρ
οἶμαι, ὦ ἄνδρες δικασταί, εἴπερ καὶ ὁ υἱὸς οἰκειό-
τατός ἐστι καὶ ἡ «θυγάτηρ, πάλιν ὁ ὑϊδοῦς καὶ ὃ
ἐκ τῆς θυγατρὸς υἱός, οὗτοι οἰκειότεροί εἰσι μᾶλλον
ἢ 0 τοῦ ἀδελφιδοῦ υἱὸς καὶ ὃ ἑτέρου ὧν οἴκου. τῷ
7A

AGAINST MACARTATUS, 22-25

think that to every one of us his son and daughter are
more nearly related than his nephew ; and not only
with us does this hold good, but also among all other

people whether Greeks or barbarians. Since, then, :

this is admitted, you will now easily follow the rest of
the argument, men of the jury, and you will see how
arbitrary and how reckless these men are.

To Polemon, son of Hagnias, was bornason, Hagnias,
having the name of his grandfather Hagnias, and this
second Hagnias died without issue. But from Phylo-
maché, the sister of Polemon, and Philagrus, to whom
her brother Polemon had given her in marriage, he
being his first cousin (for Philagrus was the son of
Kubulides, the brother of Hagnias)—from Philagrus,
I say, the cousin of Polemon, and Phylomaché the
sister of Polemon, there was born Eubulides the father
of this boy’s mother. These sons, then, were born
to Polemon and to Polemon’s sister Phylomaché. But
to Charidemus, the son of Stratius, there was born
a son Theopompus, the father of the defendant
Macartatus. Again, then, I ask you, men of the jury,
which is nearer of kin and more closely related to
the first Hagnias, Hagnias, the son of Polemon, and
Eubulides, the son of Phylomaché and Philagrus, or
Theopompus, the son of Charidemus and grandson of
Stratius ? I am of the opinion, men of the jury, that
if the son and the daughter are the nearest of kin,
so, too, the son’s son and the daughter’s son are more
nearly related than the son of a nephew and one
who is a member of another branch of the family.

5

bo

bo

bo
ii

DEMOSTHENES

\ > / > / ον ᾽ὔ
μὲν οὖν Θεοπόμπῳ ἐγένετο υἱὸς Μακάρτατος
¢ / ~ \ ΕἸ / ~ ~ / ca
οὑτοσί, τῷ δὲ Εὐβουλίδῃ τῷ τῆς Φυλομάχης υἱεῖ,
3 ~ > € / Μ \ / « ᾿ ε
ἀνεψιῷ δ᾽ ᾿Αγνίου ὄντι πρὸς πατρός, οὑτοσὶ ὁ
A > ~ - «ς
παῖς, ἀνεψιοῦ παῖς ὧν ᾿Αγνίᾳ πρὸς πατρός, ἐπειδὴ
ς / ¢
ἡ Φυλομάχη ἡ μήτηρ 7) Εὐβουλίδου καὶ 6 Πολέμων
ς \ ΓΘ / > \ > ς / \
ὁ πατὴρ ὁ ᾿Αγνίου ἀδελφοὶ ἦσαν ὁμοπάτριοι καὶ
«ς / ~ ~ ~
ὁμομήτριοι. τῷ δέ ye Μακαρτάτῳ τῳδί, τῷ υἱεῖ
~ >
τῷ Θεοπόμπου, οὐδὲν ἐγένετο ἔκγονον 6 τι ἐστὶν
>? ΄ ~ ~
27 ἐν τῷ οἴκῳ τῷ τούτου καὶ τῷ Στρατίου. τούτων
> > ~
δ᾽ οὕτως ἐχόντων, τῷ μὲν παιδὶ τουτῳί ἐστιν ὄνομα
A > a a
TOV ἐν τῷ νόμῳ εἰρημένων, καὶ μέχρι ὧν ὁ νόμος
/ ~
κελεύει τὴν ἀγχιστείαν εἶναι: ἀνεψιοῦ yap ᾿Αγνίου
A > « \ \ > ~ > / > \
παῖς ἐστιν" ὁ yap πατὴρ αὐτοῦ Εὐβουλίδης ἀνεψιὸς
ae 7, a 9 € ~ ε 7 ,
ἣν ‘Ayvia, ob ἐστιν ὁ κλῆρος. ὃ δέ ye Θεόπομπος
/ 5)
ὁ τουτουὶ πατὴρ Μακαρτάτου οὐκ av εἶχεν ὄνομα
~ ~ ~ τὸ
θέσθαι ἑαυτῷ τῶν ἐν τῷ νόμῳ εἰρημένων οὐδέν"
c t c
> « / \ ” εν ~ / > /
28 ἐξ ἑτέρου yap οἴκου ἣν τοῦ Στρατίου. ov προσήκει
δέ, ὦ ἄνδρες δικασταί, οὐδένα ἀνθρώπων ἔχειν τὸν
~ \ «ς / > ¢€ / ” Μ “ Μ
κλῆρον τὸν ᾿Αγνίου ἐξ ἑτέρου οἴκου ὄντα, ἕως av
τις λείπηται τῶν γενομένων ἐν τῷ οἴκῳ τῷ ᾿Αγνίου,
0᾽ > / / “ ey /
οὐδ᾽ ἐκβάλλειν βίᾳ, ὅπερ οὗτοι διαπράττονται,
EVEL τε ἀπωτέρω ὄντες καὶ οὐκ ἐν τῷ αὐτῷ οἴκῳ.
Y ρ τί : :
~ / > > A e vA
τοῦτο yap ἐστιν, ὦ ἄνδρες δικασταί, ᾧ παρεκρού-
σατο Θεόπομπος ὁ τουτουὶ πατὴρ Μακαρτάτου.
29 τίνες οὖν οἱ λοιποὶ ἔτι νῦν ὄντες ἐν τῷ οἴκῳ τῷ
>? \ / /
‘Ayviov; Φυλομάχη τε ἡ ἐμὴ γυνή, Εὐβουλίδου
> σι A Py ,
δὲ θυγάτηρ οὖσα τοῦ ἀνεψιοῦ τοῦ “Ayviov, Kat
οὑτοσὶ ὁ παῖς ὁ εἰσηγμένος εἰς τὸν οἶκον τὸν
Δ > \
[1059] Εὐβουλίδου καὶ “Ayviov. Θεόπομπος δ᾽ ὁ τουτουὶ
76

AGAINST MACARTATUS, 26-29

Well, to Theopompus was born a son, Macartatus, the
defendant, and to Eubulides, the son of Phylomaché,
and cousin of Hagnias on his father’s side, this boy,
who is to Hagnias the son of a first cousin on the
father’s side; since Phylomaché, the mother of
Eubulides and Polemon, the father of Hagnias, were
brother and sister, born of the same father and the
same mother. But to Macartatus here, the son of
Theopompus, there has been no issue which is both

in the family of Hagnias and in that of Stratius. Such :

being the facts, this boy here has one of the titles
mentioned in the law, and up to which the law ordains
that the right of succession should extend ; for he is
the child of the first cousin of Hagnias, since his
father Eubulides was cousin to Hagnias, whose in-
heritance is in question. Theopompus, on the con-
trary, the father of the defendant Macartatus,
could not have appropriated to himself any one of
the titles mentioned in the law, for he belonged to
another branch of the family, that of Stratius. But
it is not fitting, men of the jury, that any man what-
soever should possess the estate of Hagnias, one who
belongs to another branch, so long as there is left
any one of those born of the branch of Hagnias ; no,
nor is it right to expel such person by violence, as
these men are trying to do, while they are themselves
more distantly related, and not of the same branch of
the family. For this, men of the jury, is the point
upon which Theopompus, the father of the defendant

Macartatus, misled the jury. Who, then, are those +

still surviving in the branch of Hagnias? Phylo-
maché, my wife, who is the daughter of Eubulides,
the cousin of Hagnias, and this boy, who has been
adopted into the family of Eubulides and Hagnias.

we

26

bo
~J

28

bo
ῷ

90

31

DEMOSTHENES

πατὴρ Μακαρτάτου, οὐκ ὧν τοῦ οἴκου τοῦ ‘Ayviov,
ἐψεύσατο πρὸς τοὺς δικαστὰς ὑπερμέγεθες ψεῦδος
περί τε τῆς Φυλομάχης τῆς τοῦ [Ι]ολέμωνος
ἀδελφῆς, τηθίδος δ᾽ ‘Ayviov, ὅτι οὐκ εἴη τῷ
Πολέμωνι τῷ τοῦ ᾿Αγνίου υἱεῖ ὁμοπατρία καὶ
ὁμομητρία ἀδελφή, καὶ πάλιν προσποιούμενος τοῦ
αὐτοῦ οἴκου εἶναι ᾿Αγνίᾳ, 6 οὐδεπώποτε γενόμενος.
ταῦτα δὲ πάντ᾽ ἀδεῶς ἔλεγεν ὁ Θεόπομπος, μάρ-
τυρα μὲν οὐδένα παρασχόμενος, ὅστις ἔμελλεν
ὑπεύθυνος ἡμῖν ἔσεσθαι, συνομολογοῦντας δ᾽ ἑαυτῷ
ἔχων τοὺς κοινωνούς, ol ἦσαν ἀλλήλοις συναγω-
νισταὶ καὶ ἅπαντα ἔπραττον κοινῇ, ὅπως ἀφέλωνται
τὴν γυναῖκα τὴν τουτουὶ μητέρα τοῦ παιδὸς τὸν
κλῆρον, ¢ ὃν ὑμεῖς αὐτῇ ἐψηφίσασθε. βούλομαι οὖν,
ὦ ἄνδρες δικασταί, περὶ ὧν εἴρηκα πρὸς ὑμᾶς,
μαρτυρίας παρασχέσθαι, πρῶτον μὲν ὡς ἐνίκησε
τοῦ κλήρου τοῦ ᾿Αγνίου ἡ Εὐβουλίδου θυγάτηρ
Φυλομάχη, γένει οὖσα ἐγγυτάτω, ἔπειτα περὶ τῶν
ἄλλων ἁπάντων.
᾿Αναγίγνωσκε τὴν μαρτυρίαν.

MAPTYPIA

Μαρτυροῦσι παρεῖναι πρὸς τῷ διαιτητῇ ἐπὶ Νικο-
φήμου ἄρχοντος, ὅτε ἐνίκησε Φυλομάχη ἡ ὐβουλίδου
θυγάτηρ τοῦ κλήρου τοῦ ᾿Αγνίου τοὺς ἀμφισβητοῦντας
αὐτῇ πάντας.

Ὅτι μὲν ἐνίκησε Φυλομάχη ἡ υὐβουλίδου
θυγάτηρ τοῦ κλήρου τοῦ ᾿Αγνίου, ἀκηκόατε, ὦ
ἄνδρες δικασταί. καὶ αὕτη ἐνίκησεν οὐδεμιᾷ παρα-
σκευῇ ἀδίκῳ οὐδὲ συνωμοσίᾳ, ἀλλ᾽ ὡς οἷόν τε
δικαιότατα, ἐπιδειξάντων ἡμῶν ὅτι γένει ἐγγυτάτω
78

AGAINST MACARTATUS, 29-32

Theopompus, however, the father of the defendant
Macartatus, not being himself of the branch of
Hagnias, told the jurymen a monstrous lie regarding
Phylomaché, the sister of Polemon and the aunt of
Hagnias, alleging that she was not the sister of
Polemon, the son of Hagnias, by the same father and
mother, and another in pretending that he himself was
of the same family as Hagnias, whereas he had never
belonged to it. All these assertions Theopompus
made fearlessly, not producing any witness who would
have been responsible to us, but having only his asso-
ciates to corroborate what he said; for they were
leagued with one another and did everything in
concert, in order to rob the lady, the mother of this
boy here, of the inheritance which you by your votes
had decided to be hers. I wish now, men of the jury,
to produce witnesses in support of the statements
which I have made to you—first, to prove that
Phylomaché, the daughter of Eubulides, won judge-
ment for the estate of Hagnias as being the nearest
of kin, and then to establish the rest of the facts.
(To the clerk.) Read the deposition.

THe Depostrion

The deponents state that they were present before the
arbitrator in the archonship of Nicophemus,* when Phylo-
maché, the daughter of Eubulides, won judgement for the
estate of Hagnias against all who disputed her title.

That Phylomaché, the daughter of Eubulides, won
judgement for the estate of Hagnias, you have heard,
men of the jury. And she won it, not by wrongful
trickery or conspiracy, but in the fairest manner
possible, since we proved that she was nearest of kin

« That is, in B.c. 361-360. i
79

3]

32

3
[1060]

34

35

DEMOSTHENES

Ss ΑΙ ,ὔ a > ¢ An > ~ ~ “-
ἣν ᾿Αγνίᾳ, οὗ ἐστιν ὁ κλῆρος, ἀνεψιοῦ παῖς οὖσα
A A \ > ~ ” Ss am ¢€
πρὸς πατρὸς Kal ἐκ τοῦ οἴκου οὖσα τοῦ “Ayviov.
ἐπειδὰν οὖν λέγῃ Μακάρτατος, ὅτι ἐνίκησεν αὐτοῦ
« \ / ~ he / ¢
ὁ πατὴρ Θεόπομπος τοῦ κλήρου τούτου, ὑπολαμ-
, "Pp Seal ἴξ "μὰ > » Ἴρ , oe τος
βάνετε αὐτῷ ὑμεῖς, ὦ avdpes δικασταί, ὅτι καὶ ἡ
\ ree sf / an“ / ig /
γυνὴ ἐνίκησε srs 7) “Θεόπομπος ὁ τούτου
πατήρ, καὶ ὅτι δικαίως ἐνίκησεν ἡ γυνὴ ἐκ τοῦ
οἴκου οὖσα τοῦ ᾿Αγνίου, ὐβουλίδου θυγάτηρ οὖσα
~ > ~ Fi AE , 2 ¢ A / “ > :
τοῦ ἀνεψιοῦ τοῦ “Ayviov, ὁ δὲ Θεόπομπος ὅτι οὐκ
ἌΣ 5 A / ΣΟ» Ἃ > ~
ἐνίκησεν, ἀλλὰ Pence. οὐδ ὧν ἐκ τοῦ
οἴκου τὸ παράπαν τοῦ ᾿Αγνίου. ταῦτα αὐτῷ ὑμεῖς,
ὦ ἄνδρες δικασταί, ὑπολαμβάνετε, καὶ ὅτι τὸν
παῖδα τουτονὶ ὐβουλίδην, τὸν Εὐβουλίδου υἱόν,
ΤΑΣ ,ὔ δ᾽ - > « An Z 5» ~ to \
γνίου δ᾽, οὗ ἐστιν ὁ κλῆρος, ἀνεψιοῦ παῖδα πρὸς
πατρός, οὔτε Θεόπομπος ὁ Μακαρτάτου πατὴρ
οὔτ᾽ ἄλλος οὐδεὶς πώποτε ἀνθρώπων ἐνίκησεν
νυνὶ δ᾽ ἐστὶν ὁ ἀγὼν καὶ ἡ διαδικασία περὶ τοῦ
/ ~ ¢ , ~ =) A CA \
κλήρου τοῦ ᾿Αγνίου τῷ Εὐβουλίδου viet τουτῳὶ
καὶ Μακαρτάτῳ τουτῳὶ τῷ Θεοπόμπου υἱεῖ: καὶ
ὁπότερος τούτων δικαιότερα λέγειν δόξει καὶ κατὰ
~ ~ - ¢
τοὺς νόμους μᾶλλον, δῆλον ὅτι τούτῳ ὑμεῖς οἱ
\ /
δικασταὶ προσθήσεσθε.
> / ρ Ἵ \ / A ¢ /
Avaylyvwoke Tas μαρτυρίας tas ὑπολοίπους,
~ \ A ¢ be « » ε / \
πρῶτον μὲν ὅτι ἡ Φυλομάχη ἡ τοῦ “Ayviov τηθὶς
10 λ A > ε / \ ¢€ ,ὔ ~ Il λέ Ἃ
ἀδε φὴ ἦν ὁμοπατρία καὶ ὁμομητρία τῷ |]ολέμωνι
τῷ ᾿Αγνίου πατρί: ἔπειτα τὰς ἄλλας ἁπάσας ἀνα-
γνώσεται τὰς περὶ τοῦ γένους.

MAPTYPIAI
Μαρτυροῦσι δημόται εἶναι Φιλάγρῳ τῷ Βυβουλίδου

\ \ » “ Ν Ὁ ς , Ων sO7
πατρὶ καὶ IloAguwve τῷ πατρὶ τῷ “Ayviov, καὶ εἰδέναι

80

AGAINST MACARTATUS, 32-35

to Hagnias, whose estate is in question, being the
daughter of his cousin on his father’s side, and being
of the same branch as Hagnias. When, therefore,
Macartatus says that his father Theopompus won
judgement for this estate, make answer to him on your
part, men of the jury, that the lady also won judge-
ment before Theopompus, the defendant’s father, and
that the lady won her case fairly, since she was of the
same branch as Hagnias, being the daughter of Eubu-
lides, the cousin of Hagnias, but that Theopompus did
not win the suit, but prevailed by trickery, being him-
self in no sense whatever of the branch of Hagnias.
Make this reply to him yourselves, men of the | jury,
and also state that against this boy Eubulides, son of
Eubulides, son of the first cousin on his father’s side
of Hagnias, whose estate is in question, neither
Theopompus, the father of Macartatus, nor any other
man ever at any time won a judgement. At the
present time the contest and the trial to adjudge the
estate of Hagnias are between this son of Eubulides
and the defendant Macartatus, the son of Theo-
pompus ; and whichever of these two shall in your
judgement speak most in harmony with justice and
the laws, to him, it is plain, you jurymen will give
your votes.

(To the clerk.) Read the remaining depositions ;
first, those proving that Phylomaché, the aunt of
Hagnias, was sister by the same father and the same
mother to Polemon, the father of Hagnias; after
that he shall read all the other depositions which have
to do with the pedigree.

Tue Depostrions

The deponents testify that they are fellow-demesmen of
Philagrus, the father of Eubulides, and Polemon, the father

VOL. II G 81

33

DEMOSTHENES

Φυλομάχην. τὴν μητέρα τὴν Εὐβουλίδου νομιζομένην
ἀδελφὴν εἶναι Πολέμωνος τοῦ πατρὸς τοῦ ᾿Αγνίου

[1061] ὁμοπατρίαν καὶ ὁμομητρίαν, καὶ μηδενὸς πώποτ᾽ ἀκοῦσαι
ὡς γένοιτο ἀδελφὸς Πολέμωνι τῷ ᾿Αγνίου.

ΑΛΛΗ

86 Μαρτυροῦσιν Οἰνάνθην, τὴν μητέρα τοῦ πάππου τοῦ
ἑαυτῶν Στρατωνίδου, ἀνεψιὰν εἶναι ἐκ πατραδέλφων
Πολέμωνι τῷ πατρὶ τῷ ᾿Αγνίου, καὶ ἀκούειν τοῦ πατρὸς

ae “A a , « > ‘ 3 Ν ΄΄ 4
Tov ἑαυτῶν, ὅτι LloAguwve ἀδελφὸς οὐδεὶς γένοιτο πώποτε
τς Ἂς ae ’ὔ 3 ‘ ine’ /, ε a
τῷ πατρὶ τῷ Ayviov, ἀδελφὴ δὲ Φυλομάχη ὁμοπατρία
καὶ ὁμομητρία, ἡ μήτηρ ἡ Εὐβουλίδου τοῦ πατρὸς τοῦ
υλομάχης τῆς Σωσιθέου γυναικός.

ΑΛΛΗ

Μαρτυρεῖ συγγενὴς εἶναι καὶ φράτηρ καὶ δημότης
᾿Αγνίᾳ καὶ Εὐβουλίδῃ, καὶ ἀκούειν τοῦ πατρὸς τοῦ
ἑαυτῶν καὶ τῶν ἄλλων συγγενῶν, ὅτι ἀδελφὸς οὐδεὶς
ἐγένετο Ἰ]ολέμωνι τῷ πατρὶ τῷ ᾿Αγνίου, ἀδελφὴ δ᾽
ὁμοπατρία καὶ ὁμομητρία Φυλομάχη ἡ μήτηρ ἡ Εὺύ-
βουλίδου τοῦ πατρὸς τοῦ Φυλομάχης τῆς Σωσιθέου
γυναικός.

ΑΛΛΗ

87 Μαρτυρεῖ πάππον εἶναι ἑαυτοῦ “Apxipaxov καὶ ποιή-
σασθαι ἑ ἑαυτὸν υἱόν, καὶ εἶναι αὐτὸν συγγενῆ Πολέμωνι
τῷ πατρὶ τῷ “Αγνίου, καὶ ἀκούειν ᾿Αρχιμάχου καὶ τῶν
ἄλλων συγγενῶν, ὅτι ἀδελφὺς οὐδεὶς πώποτ᾽ ἐγένετο
Πολέμωνι τῷ πατρὶ τῷ ᾿Αγνίου, ἀδελφὴ δ᾽ ὁμοπατρία
καὶ ὁμομητρία Φυλομάχη, ἡ μήτηρ ἡ Εὐβουλίδου τοῦ
πατρὸς τοῦ Φυλομάχης τῆς Σωσιθέου γυναικός.

ΑΛΛΗ

Μαρτυρεῖ τὸν πατέρα τῆς ἑαυτοῦ γυναικὸς Καλλί-:
89

AGAINST MACARTATUS, 35-37

of Hagnias, and that they know that Phylomaché, the mother
of Eubulides, was considered to be the sister of Polemon, the
father of Hagnias, by the same father and the same mother,
and that they never heard from anyone that Polemon, the son
of Hagnias, had a brother.

ANOTHER

The deponents testify that Oenanthé, the mother of their 36
grandfather Stratonides, was first cousin to Polemon, the
father of Hagnias, their fathers having been brothers, and
that they heard from their own father that Polemon, the
father of Hagnias, never had any brother, but had a sister,
born of the same father and the same mother, namely
Phylomaché, the mother of Eubulides, the father of Phylo-
maché, wife of Sositheus.

ANOTHER

The deponent testifies that he is a relative and fellow-
clansman and fellow-demesman of Hagnias and Eubulides,
and that he heard from his own father and other relatives
that Polemon, the father of Hagnias, never had any brother,
but had a sister, born of the same father and the same mother,
namely Phylomaché, the mother of Eubulides, the father of
Phylomaché, wife of Sositheus.

ANOTHER

The deponent testifies that Archimachus was his grand- 37

father and adopted him as his son, and that he was a relative
of Polemon, the father of Hagnias, and that he heard from
Archimachus and his other relatives that Polemon, the father
of Hagnias, never had any brother, but had a sister, born of
the same father and the same mother, namely Phylomaché,
the mother of Eubulides, the father of Phylomaché, wife of
Sositheus.

ANOTHER

The deponent testifies that his wife’s father Callistratus
83

[1069]

98

99

40

4]

DEMOSTHENES

στρατον ἀνεψιὸν εἶναι ἐκ πατραδέλφων Πολέμωνι τῷ
πατρὶ τῷ ᾿Αγνίου καὶ Χαριδήμῳ τῷ πατρὶ τῷ Θεο-
πόμπου, τὴν δὲ μητέρα τὴν ἑαυτοῦ ἀνεψιοῦ παῖδα εἶναι
Πολέμωνι, καὶ λέγειν τὴν μητέρα τὴν αὑτῶν πρὸς
αὑτοὺς πολλάκις, ὅτι Φυλομάχη ἡ μήτηρ ἡ _EvBovac
dov ἀδελφὴ ἦν Πολέμωνος. τοῦ πατρὸς τοῦ ᾿Αγνίου
ὁμοπατρία καὶ ὁμομητρία, καὶ ὅτι ἀδελφὸς οὐδεὶς πώποτε
γένοιτο Πολέμωνι τῷ πατρὶ τῷ ᾿Αγνίου.

Τὸ πρότερον, ὦ ἄνδρες δικασταί, ὅτε συνώμοσαν
ἀλλήλοις οὗτοι καὶ συστάντες ἠγωνίζοντο πολλοὶ
ὄντες πρὸς τὴν γυναῖκα, ἡμεῖς μέν, ὦ ἄνδρες
δικασταί, οὔτε μαρτυρίας ἐγράψαμεν περὶ τῶν
ὁμολογουμένων, οὔτε μάρτυρας προσεκαλεσάμεθα,
ἀλλ᾽ φόμεθα ταῦτά γε ἀδεῶς ὑπάρχειν ἡμῖν" οὗτοι
δὲ τά τ᾽ ἄλλα πολλὰ καὶ ἀναίσχυντα παρεσκευά-
σαντο εἰς τὸν ἀγῶνα, καὶ ἔμελεν αὐτοῖς οὐδενὸς
πλὴν τοῦ ἐξαπατῆσαι ἐν τῷ παρόντι τότε καιρῷ
τοὺς δικαστάς, οἵτινες κατεχρῶντο, ὡς τῷ Ilo-
λέμωνι τῷ πατρὶ τῷ ᾿Αγνίου τὸ παράπαν οὐδεμία
γένοιτο ἀδελφὴ ὁμοπατρία καὶ ὁμομητρία: οὕτως
ἦσαν ἀναίσχυντοι καὶ βδελυροί, τηλικουτονὶ πρᾶγμα
παρακρουόμενοι τοὺς δικαστὰς καὶ οὑτωσὶ περι-
φανές, καὶ ἐσπούδαζον καὶ ἠγωνίζοντο περὶ τούτου
μάλιστα. ἡμεῖς δέ γε vuvi μάρτυρας ὑμῖν τοσου-

\ / \ ~ / > ~

Tovol παρεσχήμεθα περὶ τῆς Πολέμωνος ἀδελφῆς,

/ > ¢€ ,ὔ
τηθίδος ὃ ᾿Αγνίου. τούτῳ δ᾽ ὁ βουλόμενος μαρ-
τυρησάτω, ἢ ὡς οὐκ ἦσαν ἀδελφοὶ ὁμοπάτριοι καὶ
ὁμομήτριοι Πολέμων καὶ Φυλομάχη, ἢ ὅτι οὐκ
a> « \ / εἰ ¢ \ / /
ἦν ὁ μὲν Πολέμων vids, ἡ δὲ Φυλομάχη θυγάτηρ
‘A / ~ “λ cs * - ¢ Il r / >

yviov τοῦ Βουσέλου υἱέος, ἢ ὅτι 6 ᾿ἸΪολέμων οὐκ
ἦν πατὴρ ᾿Αγνίου, οὗ ἐστιν ὁ κλῆρος, οὐδ᾽ ἡ
ἀδελφὴ ἡ Πολέμωνος Φυλομάχη τηθίς, ἢ ὡς ὁ
84

AGAINST MACARTATUS, 37-41

was first cousin to Polemon, the father of Hagnias, and to
Charidemus, the father of Theopompus, their fathers having
been brothers, and that his mother was daughter of a first
cousin to Polemon, and that their mother often said to them
that Phylomaché, the mother of Eubulides, was sister of
Polemon, the father of Hagnias, born of the same father and
the same mother, and that Polemon, the father of Hagnias,
never had any brother.

In the former trial, men of the jury, when these
men formed their conspiracy with one another and
acted in concert, the whole group of them, in their
contest against the lady, we, on our part, men of the
jury, neither prepared depositions regarding facts
that were admitted, nor summoned witnesses, but
thought that in these matters at least we were
perfectly safe ; whereas our opponents had equipped
themselves with all manner of shameless artifices for
the trial, and had their minds set upon this thing
alone—to deceive the jurymen for the moment. They
had the audacity to assert that Polemon, the father of
Hagnias, had no sister at all born of the same father
and the same mother ; so abominably impudent were
they, seeking to mislead the jurymen in a matter of
such importance and so well-known, and they spent
all their efforts and strove beyond all else to establish
this. We have, however, on this present occasion
produced this host of witnesses regarding the sister

38

39

of Polemon and aunt of Hagnias. On the defendant’s 40

side let whoever will give evidence either that Polemon
and Phylomaché were not brother and sister, born of
the same father and the same mother, or that Polemon
was not the son, and Phylomaché not the daughter,
of Hagnias, the son of Buselus ; or that Polemon was

not the father of Hagnias, whose estate is in question, 41

and Phylomaché, the sister of Polemon, not his aunt ;
85

DEMOSTHENES

Εὐβουλίδης οὐκ ἦν Φυλομάχης υἱὸς οὐδὲ Φιλάγρου

[1063] τοῦ ἀνεψιοῦ τοῦ ᾿Αγνίου, ἢ ἐκεῖνο ὅτι Εὐβουλίδου
τοῦ ἀνεψιοῦ τοῦ ᾿Αγνίου οὐκ ἔστι Φυλομάχη
θυγάτηρ ἡ νῦν ἔτι οὖσα, οὐδ᾽ υἱὸς οὑτοσὶ ὁ παῖς,
εἰσπεποιημένος κατὰ τοὺς νόμους τοὺς ὑμετέρους
εἰς τὸν Εὐβουλίδου οἶκον, ἢ ὡς ὁ Θεόπομπος ὁ
τουτουὶ πατὴρ Μακαρτάτου ἐκ τοῦ οἴκου ἢν τοῦ
‘Ayviov. τούτων 6 τι βούλεταί τις “μαρτυρησάτω
αὐτῷ. ἀλλ᾽ εὖ oid? ὅτι οὐδεὶς οὕτω τολμηρὸς
ἔσται οὐδ᾽ ἀπονενοημένος ἄνθρωπος.

4) ‘Os δὲ μᾶλλον καταφανὲς ὑμῖν ἔσται, ὦ ἄνδρες
δικασταί, ὅτι τὸ πρότερον ἀναισχυντοῦντες περι-
ἐγένοντο, δίκαιον δ᾽ οὐδὲν ἔλεγον, ἀναγίγνωσκε
τὰς μαρτυρίας ὅσαι εἰσὶν ἔτι ὑπόλοιποι.

MAPTYPIAI

Μαρτυρεῖ συγγενὴς εἶναι Πολέμωνι τῷ ᾿Αγνίου πατρί,
καὶ ἀκούειν τοῦ πατρὸς τοῦ ἑαυτοῦ ἀνεψιοὺς εἶναι ἐκ
πατραδέλφων Πολέμωνι Φίλαγρόν τε τὸν Εὐβουλίδου
πατέρα καὶ Φανόστρατον τὸν Στρατίου πατέρα καὶ
Καλλίστρατον τὸν πατέρα τῆς Σωσίου γυναικὸς καὶ
Εὐκτήμονα τὸν βασιλεύσαντα καὶ Χαρίδημον τὸν πατέρα
τὸν Θεοπόμπου καὶ Στρατοκλέους, καὶ εἶναι τοῖς τούτων
υἱέσι καὶ ᾿Αγνίᾳ ἐν τῷ αὐτῷ γένει Εὐβουλίδην κατὰ
τὸν πατέρα τὸν ἑαυτοῦ Φίλαγρον, κατὰ δὲ τὴν μητέρα
τὴν ἑαυτοῦ Φυλομάχην νομιζόμενον ἀνεψιὸν εἶναι Ev-
βουλίδην ᾿Αγνίᾳ πρὸς πατρός, ἐκ τηθίδος γεγονότα
“Αγνίᾳ τῆς πρός πατρός.

ΑΛΛΗ

43 Μαρτυροῦσι συγγενεῖς εἶναι Πολέμωνι τῷ πατρὶ τῷ
‘Ayviov καὶ Φιλάγρῳ τῷ πατρὶ τῷ Εὐβουλίδου καὶ
ΕΠ ae τῷ βασιλεύσαντι, καὶ εἰδέναι Εὐκτήμονα

86

AGAINST MACARTATUS, 41-43

or that Eubulides was not the son of Phylomaché,
or of Philagrus, the cousin of Hagnias ; or this, that
the still-living Phylomaché is not the daughter of
Eubulides, the cousin of Hagnias, and this boy not his
son, adopted according to your laws into the family
of Eubulides ; or that Theopompus, the father of the
defendant, Macartatus, belonged to the branch of
Hagnias. Let anyone give testimony in his favour
on whatever one of these points he chooses. But I
know well that no mortal man will be so daring or so
senseless.

However, that it may be the more clear to you,
men of the jury, that in the former trial they got the
upper hand through their shameless audacity, and
that they advanced no just arguments, (to the clerk)
read all the depositions that remain.

Tue Deposirions

The deponent testifies that he is a relative of Polemon, the
father of Hagnias, and that he heard from his father that
Philagrus, the father of Eubulides, and Phanostratus, the
father of Stratius, and Callistratus, the father of the wife
of Sosias, and Euctemon, who was king,? and Charide-
mus, the father of Theopompus and Stratocles, were first
cousins to Polemon, their fathers all having been brothers, and
that Eubulides, with reference to his father Philagrus, stood
in the same degree of relationship as the sons of these men
and Hagnias, while with reference to his mother Phylomaché,
he was recognized as the first cousin of Hagnias on his
father’s side, since he was the son of the paternal aunt of
Hagnias.

ANOTHER

The deponents testify that they are relatives of Polemon,
the father of Hagnias, and of Philagrus, the father of Eu-
bulides, and of Euctemon, who was king, and that they

¢ That is, king-archon.
87

[1064]

44

45

[1065]

DEMOSTHENES

ἀδελφὸν ὄντα ὁμοπάτριον Φιλάγρῳ τῷ πατρὶ τῷ Εὐ-
βουλίδου' καὶ ὁπότε ἡ ἐπιδικασία ἦν τοῦ κλήρου τοῦ
᾿Αγνίου Εὐβουλίδῃ πρὸς Βλαύκωνα, ἔ ἔτι ζῆν Εὐκτήμονα,
ἐκ πατραδέλφων ἀνεψιὸν ὄντα Πολέμωνι τῷ πατρὶ τῷ
᾿Αγνίου, καὶ μὴ ἀμφισβητῆσαι Εὐκτήμονα “Εὐβουλίδῃ
τοῦ κλήρου τοῦ ᾿Αγνίου, μηδ᾽ ἄλλον μηδένα κατὰ
γένος τότε.

ΑΛΛΗ

Μαρτυροῦσι τὸν πατέρα τὸν ἑαυτῶν Στράτωνα συγ-
γενῆ εἶναι Πολέμωνι τῷ πατρὶ τῷ ᾿Αγνίου καὶ Χαρι-
δήμῳ τῷ πατρὶ τῷ Θευπόμπου καὶ “Φιλάγρῳ τῷ πατρὶ
τῷ Εὐβουλίδου, καὶ ἀκούειν τοῦ ἑαυτῶν πατρός, ὅτι
Φίλαγρος λάβοι γυναῖκα πρώτην μὲν Φυλομάχην
ἀδελφὴν Πολέμωνος τοῦ πατρὸς τοῦ ᾿Αγνίου ὁμο-
πατρίαν καὶ ὁμομητρίαν, καὶ γενέσθαι Φιλάγρῳ ἐκ μὲν
τῆς Φυλομάχης Εὐβουλίδην, ἀποθανούσης δὲ Φυλο-
μάχης ἑτέραν λαβεῖν γυναῖκα Φίλαγρον Τελεσίππην,
καὶ γενέσθαι ὁμοπάτριον “μὲν ἀδελφὺν Εὐβουλίδῃ
Μενεσθέα, ὁμομήτριον δὲ μή: καὶ Εὐβουλίδου ἀμφισ-
βητήσαντος τοῦ κλήρου τοῦ _Ayviov κατὰ γένος,
Μενεσθέα μὴ ἀμφισβητῆσαι τοῦ κλήρου τοῦ ᾿Αγνίου,

pnd Εὐκτήμονα τὸν ἀδελφὸν τὸν Φιλάγρου, μηδ᾽ ἄλλον

μηδένα κατὰ γένος πρὸς Εὐβουλίδην τότε.

ΑΛΛΗ

Μαρτυρεῖ τὸν πατέρα τὸν ἑαυτοῦ ᾿Αρχίμαχον συγγενῆ
εἶναι Πολέμωνι τῷ πατρὶ τῷ ᾿Αγνίου καὶ Χαριδήμῳ
τῷ πατρὶ τῷ "Θεοπόμπου καὶ Φιλάγρῳ τῷ πατρὶ τῴ
Εὐβουλίδου, καὶ ἀκούειν τοῦ πατρὸς τοῦ ἑαυτῶν, ὅτι
Φίλαγρος λάβοι γυναῖκα πρώτην μὲν Φυλομάχην
ἀδελφὴν Πολέμωνος τοῦ πατρὸς τοῦ ᾿Αγνίου ὁ ὁμοπατρίαν
καὶ ὁμομητρίαν, καὶ γενέσθαι ἐκ μὲν Φυλομάχης Εὐ-
βουλίδην, ἀποθανούσης δὲ Φυλομάχης ἑτέραν λαβεῖν
88

AGAINST MACARTATUS, 43-45

know that Euctemon was brother by the same father to
Philagrus, the father of Eubulides, and that when suit for
the adjudication of the estate of Hagnias was instituted by
Eubulides against Glaucon, Euctemon was still living, being
first cousin to Polemon, the father of Hagnias, their fathers
having been brothers, and that Euctemon did not dispute with
Eubulides his title to the estate of Hagnias, nor did anyone
else on the score of kinship on that occasion.

ANOTHER

The deponents testify that their father Strato was a relative 44
of Polemon, the father of Hagnias, and of Charidemus, the
father of Theopompus, and of Philagrus, the father of
Eubulides, and that they heard from their father that Phila-
grus took for his first wife Phylomaché, the sister of Polemon,
the father of Hagnias, born of the same father and the same
mother, and that Philagrus had by Phylomaché a son
Eubulides, and that after the death of Phylomaché Philagrus
took a second wife Telesippé, and there was born a brother to
Eubulides, namely Menestheus, of the same father but not of
the same mother; and that when Eubulides made claim to
the estate of Hagnias on the score of kinship, Menestheus
did not dispute his title to the estate of Hagnias, nor did
Euctemon, the brother of Philagrus, nor did anyone else on
the score of kinship dispute the title of Eubulides on that
occasion.

ANOTHER

The deponent testifies that his father Archimachus was a 45
relative of Polemon, the father of Hagnias, and of Charidemus,
the father of Theopompus, and of Philagrus, the father of
Eubulides, and that he heard from their father that Philagrus
took for his first wife Phylomaché, the sister of Polemon, the
father of Hagnias, born of the same father and the same
mother, and that by Phylomaché he had a son Eubulides, and
that after the death of Phylomaché Philagrus took a second

89

DEMOSTHENES

γυναῖκα Φίλαγρον ᾿᾿ελεσίππην, καὶ γενέσθαι Φιλάγρῳ
ἐκ Τελεσίππης Μενεσθέα, ὁμοπάτριον μὲν ἀδελφὸν
Ιὐβουλίδῃ, ὁμομήτριον a: μή; ἀμφισβητήσαντος δὲ
EvBovdisov τοῦ κλήρου τοῦ “Ayviov κατὰ γένος, Meve-
σθέα μὴ ἀμφισβητῆσαι τοῦ κλήρου, μηδ᾽ Εὐκτήμονα
τὸν ἀδελφὸν τὸν Φιλάγρου, μηδ᾽ ἄλλον μηδένα κατὰ
γένος πρὸς Εὐβουλίδην τότε.

ΑΛΛΗ
46 Μαρτυρεῖ τὸν πατέρα τῆς ἑαυτοῦ μητρὸς Καλλέ
> τ 5 > ΄ “ ͵΄ \
στρατον ἀδελφὸν εἶναι Εὐκτήμονι τῴ βασιλεύσαντι Kat
Φιλάγρῳ τῷ πατρὶ τῷ Εὐβουλίδου, ἀνεψιοὺς δ᾽ εἶναι
τούτους Πολέμωνι τῷ πατρὶ τῷ ᾿Αγνίου καὶ Χαριδήμῳ
τῷ πατρὶ τᾷ Θεοπόμπου, καὶ ἀκούειν τῆς μητρὸς τῆς
ἑαυτοῦ, ὅτι ἀδελφὺς οὐ γένοιτο Πολέμωνι τῷ πατρὶ τῷ
“Αγνίου, ἀδελφὴ δὲ γένοιτο ὁμοπατρία καὶ ὁμομητρία
Φυλομάχη, καὶ ταύτην λάβοι τὴν Φυλομάχην Φίλαγρος,
καὶ γένοιτο ἐξ αὐτῶν Εὐβουλίδης ὁ πατὴρ ὁ Φυλο-
μάχης τῆς Σωσιθέου γυναικός.

41 ᾿Αναγνῶναι μὲν τὰς μαρτυρίας ταύτας ἐξ ἀνάγκης
ἦν, ὦ ἄνδρες δικασταί, ἵνα μὴ τὸ αὐτὸ πάθοιμεν
ὅπερ τὸ πρότερον, ἀπαράσκευοι ληφθέντες ὑπὸ
τούτων. πολὺ δὲ σαφέστερον ἔτι αὐτὸς ἑαυτοῦ
Μακάρτατος οὑτοσὶ καταμαρτυρήσει, ὅτι οὔτε
Θεοπόμπῳ τῷ πατρὶ τῷ αὑτοῦ οὔτε αὐτῷ τούτῳ
προσήκει οὐδενὸς κληρονομεῖν τῶν ᾿Αγνίου, γένει
ἀπωτέρω ὄντος τοῦ Θεοπόμπου καὶ οὐδ᾽ ἐκ τοῦ

48 αὐτοῦ οἴκου τὸ παράπαν. εἰ γάρ τις ἀνακρίνοι, ὦ
ἄνδρες δικασταί, οὑτοσὶ τίς ἐστιν ὁ ἀμφισβητῶν
τῷ παιδὶ τουτῳὶ τοῦ κλήρου τοῦ ᾿Αγνίου; εὖ οἶδ᾽
ὅτι ἀποκρίναιτ᾽ ἂν, Μακάρτατος. τίνος ὧν πατρός;

[1066] Θεοπόμπου. μητρὸς δὲ τίνος; ᾿Απολήξιδος θυ-
γατρὸς IIpoomaAtiov, ἀδελφῆς δὲ Μακαρτάτου
90

AGAINST MACARTATUS, 45-48

wife Telesippé, and that Philagrus had by Telesippé a son
Menestheus, a brother to Eubulides, of the same father but
not of the same mother; and that when Eubulides made
claim to the estate of Hagnias on the score of kinship,
Menestheus did not dispute his claim to the estate, nor
did Euctemon, the brother of Philagrus, nor did anyone
else on the score of kinship dispute the title of Eubulides on
that occasion.

ANOTHER

The deponent testifies that his mother’s father Callistratus 46

was brother to Euctemon, who was king, and to Phila-
grus, the father of Eubulides, and that these men were
first cousins to Polemon, the father of Hagnias, and to Chari-
demus, the father of Theopompus, and that he heard from his
mother that Polemon, the father of Hagnias, had no brother,
but had a sister Phylomaché, born of the same father and the
same mother, and that Philagrus married this Phylomaché,
and they had a son Eubulides, the father of Phylomaché, the
wife of Sositheus.

It was necessary to read these depositions, men of 47

the jury, in order that we might not suffer the same
experience as before, by being caught by these men
unprepared. But far more convincing even than these
shall be the testimony that Macartatus will give
against himself, proving that neither his father Theo-
pompus nor himself has any claim whatever to inherit
anything from Hagnias, Theopompus being less near
of kin, and belonging to quite a different branch of
the family. For suppose one should ask, men of the
jury, Who is the person who disputes this boy’s title
to the estate of Hagnias ? I know well that he would
say, Macartatus. Born of what father? Theo-
pompus. And of what mother? Apolexis, daughter
of a Prospaltian,? and sister of Macartatus, also a

α Prospalta was a deme of the tribe Acamantis.

91

49

DEMOSTHENES

, ε \ , , > ,
Προσπαλτίου. ὁ δὲ Θεόπομπος τίνος ἦν πατρός;
Χαριδήμου. ὃ δὲ Χαρίδημος τίνος; Στρατίου.
t δὲ δὰ / / Ξ Β “λ ¢ / 4. Μ ὃ
ὁ δὲ Στρατίος τίνος; Βουσέλου. οὑτοσί, ὦ ἄνδρες
δικασταί, ἐστιν ὁ Στρατίου οἶκος, ἑνὸς τῶν Βου-
σέλου υἱέων, καὶ ἔκγονοι οὗτοί εἰσι Στρατίου, ovs
ὑμεῖς ἀκηκόατε: καὶ ἐνταῦθα οὐδαμοῦ ἐστιν οὐδὲν
” ~ > ~ ” Awe / > > ’ \
ὄνομα τῶν ἐκ τοῦ οἴκου τοῦ “Ayviov, ἀλλ᾽ οὐδὲ
παραπλήσιον. πάλιν δὴ ἀνακρινῶ τὸν παῖδα του-
/ /, Ἅ 3 “- / / ~ 7
τονί, Tis ὧν ἀμφισβητεῖ Μακαρτάτῳ τοῦ κλήρου
τοῦ ‘Ayviov. οὐκ ἂν ἔχοι, ὦ ἄνδρες δικασταΐ,
ΝΜ > TSI ας ~ > / ¢ A vn Θ᾽ >
ἄλλ᾽ οὐδ᾽ ὁτιοῦν ἀποκρίνασθαι ὁ παῖς, ἢ ὅτι EdBov-
λίδης. τίνος ὧν πατρός; Εὐβουλίδου τοῦ ‘Ayviov
> - \ \ , , a 3
ἀνεψιοῦ. μητρὸς δὲ τίνος; Φυλομάχης, ἣ ἦν
AG / > ~ A \ / ε > /
yvia ἀνεψιοῦ παῖς πρὸς πατρός. ὁ [ὐβουλίδης
δὲ τίνος ἦν πατρός; Φιλάγρου τοῦ ἀνεψιοῦ τοῦ
€ / \ \ / Ve ~ if
Ayviov. μητρὸς δὲ τίνος; Φυλομάχης τῆς τηθί-
~ « / ¢ > « / / <> Cv.
dos τῆς “Ayviov. ὁ δ᾽ ‘Ayvias τίνος tv υἱός;

60 Πολέμωνος. ὁ δὲ [Πολέμων τίνος; ᾿Αγνίου. ὁ

ὃ: oN /, / Ἔ Β a ε \ [2 Ss ,
yvias τίνος; ουσέλου. οὑτοσὶ ἕτερος οἶκός
> ς « / «ς \ ~ ,ὔ cs \
ἐστιν ὁ ‘Ayviov, ἑνὸς τῶν Βουσέλου υἱέων, καὶ
ἐνταῦθ᾽ οὐδ᾽ ὁτιοῦν ἔνεστι τὸ αὐτὸ ὄνομα τῶν ἐν
~ / ΕΣ » >, , 5 > τὶ A
τῷ Στρατίου οἴκῳ ὄντων ἐκγόνων, ἀλλ᾽ οὐδὲ
7ὔ > > » \ > ς ~ 4 >
παραπλήσιον: ἀλλ᾽ αὐτοὶ dv’ αὑτῶν πορεύονται ἐν
~ ” ~ ς / A > / > > /
τῷ οἴκῳ τῷ “Ayviov, τὰ ὀνόματα παρ᾽ ἀλλήλων
παραλαμβάνοντες. πανταχῇ δὴ καὶ πάντα τρόπον
» (+
ἐξελέγχονται ἐξ ἑτέρου οἴκου Kal γένει ἀπωτέρω
\ ΄ ~ -
ὄντες, καὶ οὐ προσῆκον αὐτοῖς κληρονομεῖν οὐδενὸς
~ / e
τῶν “Ayviov. οἷς yap δίδωσιν ὃ νομοθέτης τὴν
/ ‘\ \
ἀγχιστείαν Kat THY κληρονομίαν, τούτους ἀναγνώ-
σεται ὑμῖν τοὺς νόμους.

92

AGAINST MACARTATUS, 48-50

Prospaltian. And who was the father of Theopom-
pus? Charidemus. And of whom was Charidemus
the son? Of Stratius. And of whom Stratius ?
Of Buselus. This, men of the jury, is the branch
of Stratius, one of the sons of Buselus ; and these
whose names you have heard are descendants of
Stratius ; and among them there is not one single
name of those belonging to the branch of Hagnias, or
even one that is similar. Now again I shall question
this boy, asking who he is who contests the claim of
Macartatus to the estate of Hagnias. The boy can
make no other possible answer, men of the jury, than
that he is Eubulides. The son of what father? Of
Eubulides, the cousin of Hagnias. And of what
mother? Of Phylomaché, who was the daughter of
a first cousin to Hagnias on the father’s side. But
of whom was Eubulides the son? Of Philagrus, the
cousin of Hagnias. And of what mother? Of

Phylomaché, the aunt of Hagnias. And of whom was 5

Hagnias the son? Of Polemon. And of whom
Polemon? Of Hagnias. And of whom Hagnias? Of
Buselus. This is another branch, that of Hagnias,
one of the sons of Buselus, and here there occurs not
a single name identical with those of the descendants
in the branch of Stratius, or even one that is similar ;
but they proceed in the branch of Hagnias with their
own series of names, receiving them from one another.
In every respect, then, and in every way it is proved
that these men belong to another branch of the family
and are more remote of kin, and that they are not
entitled to inherit anything of the estate of Hagnias.
For to show you to whom the law-giver grants the
right of succession and inheritance, the clerk will read
you these laws.

93

o
o

[1067]

51

52

53

DEMOSTHENES

NOMOS

Ὅστις ἂν μὴ διαθέμενος ἀποθάνῃ, ἐὰν μὲν παῖδας
καταλίπῃ. θηλείας, σὺν ταύτῃσιν, ἐὰν δὲ μή, τούσδε
κυρίους εἶναι τῶν “χρημάτων. ἐὰν μὲν ἀδελφοὶ ὦσιν
ὁμοπάτορες" καὶ ἐὰν παῖδες ἐξ ἀδελφῶν γνήσιοι, τὴν
τοῦ πατρὺς μοῖραν λαγχάνειν" ἐὰν δὲ μὴ ἀδελφοὶ ὦσιν
ἢ “ἀδελφῶν παῖδες, erie ἐξ αὐτῶν κατὰ ταὐτὰ λαγ-
χάνειν: κρατεῖν δὲ τοὺς ἄρρενας καὶ τοὺς ἐκ τῶν
ἀρρένων, ἐὰν ἐκ τῶν αὐτῶν ὦσι, καὶ ἐὰν γένει ἀπωτέρω.
ἐὰν δὲ μὴ ὦσι πρὸς πατρὸς μέχρι ἀνεψιῶν παίδων, τοὺς
πρὸς μητρὸς κατὰ ταὐτὰ κυρίους εἶναι. ἐὰν δὲ μηδε-
τέρωθεν ἢ ἐντὸς τούτων, τὸν πρὸς πατρὸς ἐγγυτάτω
κύριον εἶναι. νόθῳ δὲ ΠΣ νόθῃ μὴ εἶναι ἀγχιστείαν
μήθ᾽ ἱερῶν μήθ᾽ ὁσίων, ἀπ’ Εὐκλείδου ἀἄρχόντος.

/ , « , ay. , e
Διαρρήδην λέγει 6 νόμος, ὦ ἄνδρες δικασταί, οἷς
A \
δεῖ τὴν κληρονομίαν εἶναι: οὐ μὰ AV od Θεοπόμπῳ
/ ~ ca A A
οὐδὲ Μακαρτάτῳ τῷ Θεοπόμπου υἱεῖ, τοῖς μηδὲ
\ / >? ~ > ~ / > A
TO παράπαν ev τῷ οἴκῳ οὖσι τῷ “Ayviov. ἀλλὰ
/ \ A A “
τίνι καὶ δίδωσιν; τοῖς ἐκγόνοις τοῖς ᾿Αγνίου, τοῖς
By >? ~ ~ “ /
οὖσιν ἐν τῷ οἴκῳ τῷ ἐκείνου. ταῦτα Kal ὃ νόμος
/
λέγει, Kal TO δίκαιον οὕτως ἔχει.
> - 7
Οὐ τοίνυν, ὦ ἀνδρες δικασταί, ταῦτα μὲν ἔδωκεν
ς a
ὁ νομοθέτης τοῖς προσήκουσιν, ἕτερα δ᾽ οὐ προσ-
/ ~ A lal \
ἔταξε πολλὰ πάνυ ἐν τῷ νόμῳ, ἃ δεῖ ποιεῖν τοὺς
/ > Ὁ τ 3 N / u} >
προσήκοντας ἐπάναγκες: ἀλλὰ πάνυ πολλά ἐστιν
A A /
ἃ προστάττει ποιεῖν τοῖς προσήκουσι, Kal πρό-
5 / / > > > 3. / “-
φασιν οὐδεμίαν δίδωσιν, ἀλλ᾽ ἐξ ἀνάγκης δεῖ
ποιεῖν.

« The text is not wholly certain, and the precise meaning
is therefore open to debate. ‘The law is quoted also in Isaeus
VII, § 20, where the note of Wyse should be consulted. See

94

AGAINST MACARTATUS, 51-53

Tue Law

Whenever a man dies without making a will, if he leaves 51

female children his estate shall go with them, but if not, the
persons herein mentioned shall be entitled to his property :
if there be brothers by the same father, and if there be law-
fully born sons of brothers, they shall take the share of the
father. But if there are no brothers or sons of brothers, their
descendants shall inherit it in like manner; but males and
the sons of males shall take precedence, if they are of the
same ancestors, even though they be more remote of kin.*
If there are no relatives on the father’s side within the degree of
children of cousins, those on the mother’s side shall inherit in
like manner. But if there shall be no relatives on either side
within the degree mentioned, the nearest of kin on the
father’s side shall inherit. But no illegitimate child of either
sex shall have the right of succession either to religious rites
or civic privileges, from the time of the archonship of
Eucleides.?

The law, men of the jury, expressly declares to
whom the inheritance shall go. Not, by Heaven, to
Theopompus nor to Macartatus, the son of Theo-
pompus, who are in no sense whatever of the family
of Hagnias. But to whom does it give the inherit-
ance? To the descendants of Hagnias, to those who
are in his branch of the family. This is what the law
says, and this is what justice demands.

Now, then, men of the jury, the law-giver has not
given these rights to the relatives without imposing
upon them in the law a large number of duties, which
the relatives must of necessity perform. No; there
are full many obligations laid upon the relatives to
perform for which the law admits of no excuse ; they
must absolutely be performed.

also Meier and Schémann, Der Attische Process, p. 586, and
Savage, The Athenian Family, pp. 128 ff.
> This was in 403 B.c.

95

52

54

DEMOSTHENES
Μᾶλλον δὲ λέγε αὐτὸν τὸν νόμον Tov πρῶτον.

ΝΟΜΟΣ

Τῶν ἐπικλήρων ὅσαι θητικὸν τελοῦσιν, ἐὰν μὴ βού-

nN μὴ « > _ 4 Γ > ὃ ὃ / 2 ὃ XS ε Ν

ηται ἔχειν ὁ ἐγγύτατα γένους, ἐκδιδότω ἐπιδοὺς ὁ μὲν
,

[1068] πεντακοσιομέδιμνος πεντακοσίας δραχμάς, 6 δ᾽ ἱππεὺς

σι

τριακοσίας, ὁ δὲ ζευγίτης ἑκατὸν πεντήκοντα, πρὸς τοῖς
αὐτῆς. ἐὰν δὲ πλείους ὦσιν ἐν τῷ αὐτῷ γένει, TH ἐπι-
κλήρῳ πρὸς μέρος ἐπιδιδόναι ἕκαστον. ἐὰν δ᾽ αἱ γυναῖκες
πλείους ὦσι, μὴ ἐπάναγκες εἶναι πλέον ἢ μίαν ἐκδοῦναι
τῷ γ᾽ ἑνὶ ἀλλὰ τὸν ἐγγύτατα ἀεὶ ἐκδιδόναι ἢ αὐτὸν
ἔχειν. ἐὰν δὲ μὴ ἔχῃ ὁ ἐγγυτάτω γένους ἢ μὴ €KOW,
ὁ ἄρχων ἐπαναγκαζέτω ἢ αὐτὸν ἔχειν ἢ ἐκδοῦναι. ἐὰν
δὲ μὴ ἐπαναγκάσῃ ὃ ἄρχων, ὀφειλέτω χιλίας δραχμὰς
ἱερὰς τῇ Ἥρᾳ. ἀπογραφέτω δὲ τὸν μὴ ποιοῦντα ταῦτα
βουλόμενος πρὸς τὸν ἄρχοντα.

o

On

« \ “4 e / SS / > ΄ὔ

A μὲν λέγει 6 νόμος, ὦ ἄνδρες δικασταί, ἀκούετε.
Ὁ“ \ ~ 2 / ” > /
ὅτε δὲ τῆς ἐπικλήρου ἔδει ἐπιδικάζεσθαι Φυλο-
μάχης τῆς τουτουὶ μητρὸς τοῦ παιδός, ᾿Αγνίου δ᾽
ἀνεψιοῦ παιδὸς οὔσης πρὸς πατρός, ἐγὼ μὲν ἧκον
φοβούμενος τὸν νόμον καὶ ἐπεδικαζόμην γένει ὧν
ἐγγυτάτω, Θεόπομπος δ᾽ 6 Μακαρτάτου πατὴρ
οὐδὲ προσῆλθε τὸ παράπαν οὐδ᾽ ἠμφεσβήτησε, διὰ

τὸ μηδ᾽ ὁτιοῦν αὐτῷ προσήκειν, καὶ ταῦτ᾽ ἐν τῇ

56 ἡλικίᾳ ὧν τῆ αὐτῇ. καίτοι πῶς οὐκ οἴεσθε, ὦ

» / »Μ Ss ~ \ > /
ἄνδρες δικασταΐ, ατοπον ELVAL, ΤΊΣ [LEV ἐπικλήρου,

2 Solon had divided the people into four classes : (1) Those
who received from their land an income of five hundred
measures of barley or wine. ‘These were called the “ Penta-
cosiomedimni,” or ‘‘ Five hundred measure men.” (2) Those
who received three hundred measures. These were assumed
to be able to furnish a horse for the army, and were therefore
called ‘‘ Knights.’”’ (3) Those who received two hundred

96

AGAINST MACARTATUS, 53-56

(To the clerk.) But, preferably, read the law itself
—the first one.
Tue Law

In regard to all heiresses who are classified as Thetes,? if
the nearest of kin does not wish to marry one, let him
give her in marriage with a portion of five hundred drach-
mae, if he be of the class of Pentacosiomedimni, if of the
class of Knights, with a portion of three hundred, and if
of the class of Zeugitae, with one hundred and fifty, in
addition to what is her own. If there are several kinsmen
in the same degree of relationship, each one of them shall
contribute to the portion of the heiress according to his due
share. And if there be several heiresses, it shall not be neces-
sary for a single kinsman to give in marriage more than one,
but the next of kin shall in each case give her in marriage or
marry her himself. And if the nearest of kin does not marry
her or give her in marriage, the archon shall compel him either
to marry her himself or give her in marriage. And if the
archon shall not compel him, let him be fined a thousand
drachmae, which are to be consecrate to Hera. And let any
person who chooses denounce to the archon any person who
disobeys this law.

You hear what the law says, men of the jury. But
when it became necessary to sue for the hand of the
heiress Phylomaché, the mother of this boy and the
daughter of the first cousin of Hagnias on his father’s
side, I came forward out of respect for the law and
preferred my suit as being next of kin; but Theo-
pompus, the father of Macartatus, neither came
forward nor in any way disputed my claim, because
he had no semblance of right, although he was of the
same age as she. And yet, men of the jury, how can
you fail to think it strange that Theopompus never

measures. ‘These could presumably own a yoke of oxen, and
were called “ Zeugitae,’ or ‘‘Yoke-men.’’ (4) Those
receiving less, or having no property in land. These were
called ‘‘ Thetes,”’ 1.6. ‘‘ Labourers ”’ or ‘‘ Serfs.”’

ΜΟΙ ἘΠ H O7

Or
o

56

57

[1069]

58 a

DEMOSTHENES

Δ > SA / > ob ~ A ‘ / /
7) ἦν “Ayvia ἀνεψιοῦ παῖς πρὸς πατρός, ταύτης
μὲν μηδεπώποτ᾽ ἀμφισβητῆσαι Θεόπομπον, τὸν
\ ~ € ~
δὲ κλῆρον tov ᾿Αγνίου ἀξιοῦν ἔχειν παρὰ τοὺς
/
νόμους; τούτων γένοιντ᾽ ἂν ἄνθρωποι ἀναισχυν-
τότεροι ἢ μιαρώτεροι;
3
Αναγίγνωσκε καὶ τοὺς ἑτέρους νόμους.

NOMOI

IIpoeuretvy τῷ κτείναντι ev ἀγορᾷ ἐντὸς ἀνεψιότητος
καὶ ἀνεψιοῦ, συνδιώκειν δὲ καὶ ἀνεψιοὺς καὶ ἀνεψιῶν
παῖδας καὶ γαμβροὺς καὶ πενθεροὺς καὶ φράτερας.
αἰδέσασθαι δέ, ἐὰν μὲν πατὴρ ἢ ἢ ἀδελφὸς ἢ υἱεῖς,
ἅπαντας, ἢ τὸν κωλύοντα κρατεῖν. ἐὰν δὲ τούτων
μηδεὶς ἢ, κτείνῃ δὲ ἄκων, γνῶσι δὲ οἱ πεντήκοντα καὶ
εἷς οἱ ἐφέται ἄκοντα κτεῖναι, ἐσέσθων οἱ φράτερες, ἐὰν
θέλωσι, δέκα: τούτους δὲ οἱ πεντήκοντα καὶ εἷς ἀρι-
στίνδην αἱρείσθων. καὶ οἱ πρότερον κτείναντες ἐν τῷδε
τῷ θεσμῷ ἐνεχέσθων. ---- Τοὺς δ᾽ ἀπογιγνομένους ἐν τοῖς
δήμοις, ovs ἂν μηδεὶς ἀναιρῆται, ἐπαγγελλέτω ὁ δή-
μάρχος τοῖς προσήκουσιν ἀναιρεῖν καὶ θάπτειν καὶ
καθαίρειν τὸν δῆμον, τῇ ἡμέρᾳ ἡ ἂν ἀπογένηται ἕκαστος

αὐτῶν. ἐπαγγέλλειν δὲ περὶ μὲν τῶν δούλων τῷ Oe
σπότῃ, περὶ δὲ τῶν ἐλευθέρων τοῖς τὰ χρήματ᾽ ἔχουσιν"
ἐὰν δὲ μὴ ἢ χρήματα τῷ ἀποθανόντι, τοῖς προσήκουσι
τοῦ ἀποθανόντος ᾿ἐπαγγέλλειν. ἐὰν δὲ τοῦ δημάρχου
ἐπαγγείλαντος μὴ ἀναιρῶνται οἱ προσήκοντες, ὁ μὲν
δήμαρχος ἀπομισθωσάτω ἀνελεῖν καὶ καταθάψαι καὶ
καθῆραι τὸν δῆμον αὐθημερόν, ὅπως ἂν δύνηται ὀλι-
γίστου" ἐὰν δὲ μὴ ἀπομισθώσῃ, ὀφειλέτω χιλίας δρα-
χμὰς τῷ δημοσίῳ. 6 τὸ 6 ὧν ἀναλώσῃ, διπλάσιον
πραξάσθω παρὰ τῶν ὀφειλόντων: ἐὰν δὲ μὴ πράξῃ,
αὐτὸς ὀφειλέτω τοῖς δημόταις. τοὺς δὲ μὴ ἀποδιδόντας

α The Ephetae formed a court of fifty-one nobles (Eupa-
98

AGAINST MACARTATUS, 56-58

made any claim for the hand of the heiress, who was

the daughter of the first cousin of Hagnias on his

father’s side, and yet demands to have the estate of

Hagnias contrary to the laws? Could there be persons

more shameless or more abominable than these ?
(To the clerk.) Read the other laws also.

Tue Laws

Proclamation shall be made in the market-place to the 57
shedder of blood by a kinsman within the degree of cousin and
cousinship, and cousins and sons of cousins and sons-in-law
and fathers-in-law and clansmen shall join in the pursuit.
To secure condonation, if there be father or brother or sons,
all must concur, or whoever opposes shall prevail. And if
there be none of these and the slaying was involuntary, and
the Fifty-one, the Ephetae,? shall agree that the slaying was
involuntary, let the clansmen, ten in number, grant the right
of entrance to the shedder of blood, if they see fit; and let
these be chosen by the Fifty-one according to rank. And
those who had shed blood before the enactment of this
statute shall be bound by its provisions.—And when persons
die in the demes and no one takes them up for burial, let the
Demarch give notice to the relatives to take them up and
bury them, and to purify the deme on the day on which each
of them dies. In the case of slaves he shall give notice to 58
their masters, and in the case of freemen to those possessing
their property ; and if the deceased had no property, the
Demarch shall give notice to the relatives of the deceased.
And if, after the Demarch shall have given notice, the relatives
do not take up the body, the Demarch shall contract for the
taking up and burial of the body, and for the purification of
the deme on the same day at the lowest possible cost. And
if he shall not so contract, he shall be bound to pay a thousand
drachmae into the public treasury. And whatsoever he shall
expend, he shall exact double the amount from those liable ;
and if he does not exact it he shall himself be under obligation
to repay it to the demesmen. And those who do not pay the

tridae) having jurisdiction over cases of homicide. See
Aristotle, Constitution of Athens lvii, with Sandys’s note.

99

59
[1070]

60

61

DEMOSTHENES

κ᾿ , ra “ al “ “ Ν val ”
τὰς μισθώσεις TOV τεμενῶν τῶν τῆς θεοῦ καὶ τῶν ἄλλων

A x a > ee 5 \ > Ν \
θεῶν και Τῶν ἐπωνύμων ατιμους εινᾶαι καὶ αὐτοὺς KAL

’ Ν , ἊΝ ,ὔ if ν» > an
γένος καὶ κληρονόμους τοὺς τούτων, ἕως ἂν ἀποδῶσιν.

~ ¢

Ταῦτα πάνθ᾽, ὅσα οἱ νόμοι προστάττουσι τοὺς
προσήκοντας ποιεῖν, ἡμῖν προστάττουσι καὶ ἀν-
αγκάζουσι ποιεῖν, ὦ ἄνδρες δικασταί. Μακαρτάτῳ
\ \ 291 , 29) / x
δὲ τουτῳὶ οὐδὲ διαλέγονται, οὐδὲ Θεοπόμπῳ τῷ
πατρὶ τῷ τούτου: οὐδὲ γάρ εἰσιν ἐκ τοῦ οἴκου τοῦ
« \ ly ~ oO
Ayviov τὸ παράπαν: πῶς av οὖν τούτοις TL προσ-
τάττοιεν;

3 > ὩΣ > + \ \ \

AdA οὗτος, ὦ ἄνδρες δικασται, “πρὸς μὲν τοὺς
νόμους καὶ τὰς μαρτυρίας, ἃς ἡμεῖς παρεχόμεθα,
δίκαιον οὐδ᾽ ὁτιοῦν ἔχει λέγειν, ἀγανακτεῖ δὲ καὶ
δεινά φησι πάσχειν, ὅτι τοῦ πατρὸς τετελευτηκότος
ἀγωνίζεται. ἐκεῖνο δ᾽ οὐκ ἐνθυμεῖται, ὦ ἄνδρες
δικασταί, ὁ ὅτι ὁ πατὴρ αὐτοῦ ἄνθρωπος ἢ ἦν θνητός,
καὶ τετελεύτηκε μετ᾽ ἄλλων πολλῶν καὶ νεωτέρων

>
Kal πρεσβυτέρων. ἀλλ᾽ εἰ Θεόπομπος τετελεύ-
/ ¢

THKEV ὁ τούτου πατήρ, οἱ νόμοι οὐ τετελευτήκασιν,
> \ \ / /, 99>? ¢ δὴ «
οὐδὲ τὸ δίκαιον τετελεύτηκεν, οὐδ᾽ οἱ δικασταὶ οἵ
τὴν ψῆφον ἔχοντες. ἔστι δ᾽ ὁ νῦν ἀγὼν καὶ ἡ
διαδικασία, οὐκ εἴ τις ἕτερος ἑτέρου πρότερος ἢ
ὕστερος “ι΄. ἀλλ᾽ εἰ μὴ προσήκει ἐξελα-
~ ~ ae
θῆναι ἐκ τοῦ οἴκου τοῦ ᾿Αγνίου τοὺς οἰκείους τοὺς
Ὃ {2 > \ cA \ > ~ ~
Ayviov, ἀνεψιοὺς ὄντας Kat ἀνεψιῶν παῖδας
᾿Αγνίᾳ πρὸς πατρός, ὑπὸ τῶν ἐκ τοῦ Στρατίου
οἴκου καὶ μηδὲν προσηκόντων ὥστε “κληρονομεῖν
τῶν ᾿Αγνίου, ἀλλὰ γένει ἀπωτέρω ὄντων. περὶ
τούτου νῦν ἐστιν ὁ ἀγών.

wv \ / / ὍΝ 4 ,ὔ

Ez δὲ σαφέστερον γνώσεσθε, ὦ ἄνδρες δικασταί,

A > ~ ~ / Ὁ“ « / Ν᾿ /
καὶ ἐκ τοῦδε τοῦ νόμου, ὅτι ὁ Σόλων ὁ νομοθέτης
100

AGAINST MACARTATUS, 58-62

rents due for the lands of the goddess or of the gods and
the eponymous heroes shall be disenfranchised, them-
selves and their family and their heirs, until they shall
make payment.

All these duties which the laws lay upon relatives
to perform, they lay upon us, and compel us to per-
form them, men of the jury. But to Macartatus here
they say not a word, nor to Theopompus, his father ;
for they belong in no sense to the family of Hagnias.
Why, then, should the laws lay any duties upon
them?

But the defendant, men of the jury, while he has no
just argument whatever to make against the laws and
the depositions which we produce, makes a show of
indignation, and says he is being cruelly treated
because, his father being dead, it falls to him to be
defendant in this suit. But he does not bear in mind,
men of the jury, that his father was a mortal man, and
has met his end along with many others both younger
and older than himself. Yet if Theopompus, the father
of the defendant, is dead, the laws are not dead, nor is
justice, nor are the jurymen with whom the verdict
rests. The present contest and the present trial are
not to decide whether one man has died before or
after another, but whether or not it is right that the
kinsmen of Hagnias, cousins and children of cousins to
Hagnias on his father’s side, should be driven out
from the family of Hagnias by persons belonging to the
family of Stratius, who have no shadow of right to
inherit the estate of Hagnias, but are more remote
of kin. This is the question at issue in the present
trial.

You will see even more clearly, men of the jury,
from the following law, that the lawgiver Solon is

101

60

62

[1071]

63

64

DEMOSTHENES

tf A \ > / \ ᾽ / /
σπουδάζει περὶ τοὺς οἰκείους, Kal οὐ μόνον δίδωσι
\ / > ‘ \ A /
τὰ καταλειφθέντα ἀλλὰ Kal τὰ προστάγματα
ποιεῖται τὰ δυσχερῆ ἅπαντα τοῖς προσήκουσιν.
Λέγε τὸν νόμον.

ΝΟΜΟΣ

Τὸν ἀποθανόντα προτίθεσθαι ἔνδον, ὅπως ἂν βούλη-
ται. ἐκφέρειν. δὲ τὸν ἀποθανόντα τῇ ὑστεραίᾳ ἡ ἂν
προθῶνται, πρὶν ἥλιον ἐξέχειν. βαδίζειν δὲ τοὺς ἄνδρας
πρόσθεν, ὅταν ἐκφέρωνται, τὰς δὲ γυναῖκας ὄπισθεν.
γυναῖκα δὲ μὴ ἐξεῖναι εἰσιέναι εἰς τὰ τοῦ ἀποθανόντος
μηδ᾽ ἀκολουθεῖν ἀποθανόντι, ὅταν εἰς τὰ σήματα ἄγη-
ται, ἐντὸς ἑξήκοντ᾽ ἐτῶν γεγονυῖαν, πλὴν ὅσαι ἐντὸς
τς τς εἰσι" μηδ᾽ εἰς τὰ τοῦ ἀποθανόντος εἰσιέναι,
ἐπειδὰν ἐξενεχθῇ ὁ νέκυς, γυναῖκα μηδεμίαν πλὴν ὅσαι
ἐντὸς ἀνεψιαδῶν εἰσιν.

Οὐκ ἐᾷ εἰσιέναι οὗ ἂν 7 ὁ τετελευτηκὼς οὐδεμίαν
γυναῖκα ἄλλην ἢ τὰς προσηκούσας μέχρι ἀνεψιό-
THTOS, καὶ πρὸς τὸ μνῆμα ἀκολουθεῖν τὰς αὐτὰς
ταύτας. Φυλομάχη τοίνυν ἡ Πολέμωνος ἀδελφὴ
τοῦ πατρὸς τοῦ ᾿Αγνίου οὐκ ἀνεψιὰ ἦν ᾿Αγνίᾳ,

\
ἀλλὰ τηθίς- ἀδελφὴ yap ἦν Πολέμωνος τοῦ πατρὸς
τοῦ ᾿Αγνίου. Εὐβουλίδης δὲ ὁ υἱὸς ταύτης τῆς
γυναικὸς ἀνεψιὸς ἢ ἣν πρὸς πατρὸς ‘Ayvia, οὗ ἐστιν
ὁ κλῆρος. τοῦ δ᾽ Εὐβουλίδου ἢ nv θυγάτηρ 7 ἡ τουτουὶ
τοῦ παιδὸς “μήτηρ. ταύτας κελεύει τὰς προσ-
nKovoas καὶ παρεῖναι τῇ προθέσει τοῦ τετε-
λευτηκότος καὶ ἐπὶ τὸ μνῆμα ἀκολουθεῖν, οὐ τὴν
Μακαρτάτου μητέρα οὐδὲ τὴν Θεοπόμπου γυναῖκα"

" \ Ἂν ~ «ς / “ > 3. Δ. > Ὁ /

οὐδὲν yap προσῆκεν ‘Ayvia αὕτη, ἀλλ᾽ ἦν ἐξ ἑτέρας
~ > / \ > ¢ / /

φυλῆς ᾿Ακαμαντίδος Kat ἐξ ἑτέρου δήμου IIpoc-

παλτόθεν, ὥστε τὸ παράπαν οὐδ᾽ ἤσθετο, ὅτε

102

AGAINST MACARTATUS, 62-64

very much in earnest in regard to those who are
relatives, and not only gives them the property left
by the deceased, but also lays upon them all the
burdensome obligations.

(To the clerk.) Read the law.

THe Law

The deceased shall be laid out in the house in any way one
chooses, and they shall carry out the deceased on the day
after that on which they lay him out, before the sun rises.
And the men shall walk in front, when they carry him out,
and the women behind. And no woman less than sixty years
of age shall be permitted to enter the chamber of the deceased,
or to follow the deceased when he is carried to the tomb,
except those who are within the degree of children of cousins ;
nor shall any woman be permitted to enter the chamber of
the deceased when the body is carried out, except those who
are within the degree of children of cousins.

The law does not allow any woman except female
relatives within the degree of cousinship to enter the
chamber where the deceased lies, and it permits
these same women to follow to the tomb. Now
Phylomaché, the sister of Polemon, the father of
Hagnias, was not cousin to Hagnias, but aunt; for
she was sister to Polemon, the father of Hagnias. But
Eubulides, the son of this woman, was cousin on his
father’s side to Hagnias, whose inheritance is in
question. And the mother of this boy here was the
daughter of Eubulides. These female relatives the
law commanded to be present at the laying out of the
deceased, and to follow to the tomb, not the mother of
Macartatus nor the wife of Theopompus ; for she was
in no way related to Hagnias, but was of another
tribe, the Acamantis, and of another deme, that of
Prospalta, so that she was not even apprised in any

103

63

DEMOSTHENES

Ss A “. ,ὔ [2 / A
65 ἦν τετελευτηκὼς ‘Ayvias. ὑπεραναίσχυντον δὴ
οὗτοι κατασκευάζουσι πρᾶγμα, ὡς ἄρα δεῖ ἡμᾶς
\ \ ~ A ε ~
Kal τὰς γυναῖκας Tas ἡμετέρας τοῦ μὲν σώματος
an - Ἔ , “΄»» ΄ , >
2] τοῦ “Ayviov, ὅτ᾽ ἐτετελευτήκει, κληρονόμους εἶναι
A ~
καὶ ποιεῖν ἅπαντα τὰ νομιζόμενα, ὡς προσήκοντας
\ / ~
καὶ γένει ὄντας ἐγγυτάτω, τὸν δὲ κλῆρον οἴεσθαι
- ” A 6 / ~ /
δεῖν ἔχειν τὸν “Ayviov τοῦ τετελευτηκότος Ma-
κάρτατον, ἐκ τοῦ Στρατίου οἴκου ὄντα καὶ ἐκ τῆς
» ~
Απολήξιδος τοῦ ΤΓροσπαλτίου θυγατρός, Μακαρ-
τάτου δ᾽ ἀδελφῆς. ἀλλ᾽ οὔτε δίκαιον otf ὅσιον
τοῦτ᾽ ἔστιν, ὦ ἄνδρες δικασταί.
5 vA Ψ. A > ~ ᾽ὔ ~ >
66 ᾿Ανάγνωθι δέ μοι τὰ ἐκ τῆς μαντείας τῆς ἐκ
Δελφῶν κομισθείσης παρὰ τοῦ θεοῦ, ἵν᾽ αἴσθησθε
ὅτι ταὐτὰ λέγει περὶ τῶν προσηκόντων τοῖς νόμοις
τοῖς τοῦ Σιόλωνος.

MANTEIA

᾿Αγαθῇ τύχῃ. ἐπερωτᾷ ὁ δῆμος 6 ᾿Αθηναίων περὶ
τοῦ σημείου τοῦ ἐν τῷ οὐρανῷ γενομένου, ὅ τι ἂν
δρῶσιν ᾿Αθηναίοις ἢ ὅτῳ θεῷ θύουσιν ἢ εὐχομένοις εἴη
ἐπὶ τὸ ἄμεινον, ἀπὸ τοῦ σημείου. συμφέρει ᾿Αθηναίοις
περὶ τοῦ σημείου τοῦ ἐν τῷ οὐρανῷ γενομένου θύοντας
καλλιερεῖν Διὶ ὑπάτῳ, ᾿Αθηνᾷ ὑπάτῃ, Hpakdei, ᾿Απόλ-
λωνι σωτῆρι, καὶ ἀποπέμπειν ᾿Αμφιόνεσσι: περὶ τύχας
ἀγαθᾶς ᾿Απόλλωνι ἀγυιεῖ, Λατοῖ, ᾿Αρτέμιδι, καὶ τὰς
ἀγυιὰς κνισῆν, καὶ κρατῆρας ἱστάμεν καὶ χορούς, καὶ
στεφαναφορεῖν καττὰ πάτρια θεοῖς ᾿Ολυμπίοις καὶ
᾿Ολυμπίαις πάντεσσι καὶ πάσαις, δεξιὰς καὶ ἀριστερὰς
ἀνίσχοντας, μνασιδωρεῖν καττὰ πάτρια" ἥρῳ ἀρχαγέτᾳ,

104

AGAINST MACARTATUS, 65-66

way at the time Hagnias lay dead. It is surely a
most outrageous result that these men are scheming
to bring phone. that forsooth we and the women of
our family should inherit the body of Hagnias, when
he was dead, and should perform all the proper rites,
as being relatives and nearest of kin, but that
Macartatus should claim the right to possess the
estate of the dead Hagnias, though he belongs to the
house of Stratius and is descended from Apolexis,
daughter of the Prospaltian and sister of Macartatus.
But this is neither just nor righteous, men of the jury.
(To the clerk.) Now please read the words of the
oracle brought from Delphi, from the shrine of the
god, that you may see that it speaks in the same
terms concerning relatives as do the laws of Solon.

THe ORACLE

May good fortune attend you. The people of the
Athenians make inquiry about the sign which has appeared
in the heavens, asking what the Athenians should do, or to
what god they should offer sacrifice or make prayer, in order
that the issue of the sign may be for their advantage. It will
be well for the Athenians with reference to the sign which has
appeared in the heavens that they sacrifice with happy
auspices to Zeus most high, to Athena most high, to Heracles,
to Apollo the deliverer, and that they send due offerings to the
Amphiones *; that they sacrifice for good fortune to Apollo,
god of the ways, to Leto and to Artemis, and that they make
the streets steam with the savour of sacrifice ; that they set
forth bowls of wine and institute choruses and wreathe them-
selves with garlands after the custom of their fathers, in
honour of all the Olympian gods and goddesses, lifting up
the right hand and the left, and that they be mindful to
bring gifts of thanksgiving after the custom of their fathers.
And ye shall offer sacrificial gifts after the custom of your

* Possibly, Amphion and Zethus; but their tomb was near
Thebes. See Pausanias ix. 17. 4.

105

65

67
[1073]

68

69

DEMOSTHENES

Qa eee oe) ΄ s 9 - κ ,

OV ἐπώνυμοι EOTE, θύειν και δωροτελεῖν κΚαττου, ΟΠ sas
τοῖς ἀποφθιμένοις ἐ εν ἵκνοι peeve. ἁμέρᾳ. τελεῖν τοὺς ποθί-
κοντας καττὰ ἁγημένα.

> / 4 / Ὁ“ ΕῚ A ,ὔ a
Ακούετε, ἄνδρες δικασταί, ὅτι ταὐτὰ λέγει ὃ
>? “ ~
τε Σόλων ἐν Tots νόμοις καὶ ὁ θεὸς ἐν TH μαντείᾳ,
eo!
/ A ~
κελεύων τοῖς κατοιχομένοις ποιεῖν τοὺς προσήκον-
>? A
τας ev ταῖς καθηκούσαις ἡμέραις. ἀλλὰ τούτων
° \ ” / > A if if
οὐδὲν ἔμελε Θεοπόμπῳ οὐδὲ Μακαρτάτῳ TovTwt,
/ \ -
ἀλλὰ τούτου μόνον, τὰ μὴ προσήκοντα ἑαυτοῖς
7 > -
ἔχειν, καὶ ἐγκαλεῖν ὅτι πολὺν χρόνον ἐχόντων
ἑαυτῶν τὸν κλῆρον νυνὶ ἀγωνίζονται. ἐγὼ δ᾽
3 ,

ὦμην, ὦ ἄνδρες δικασταί, προσήκειν τὸν τἀλλότρια
ἀδίκως ἔχοντα οὐκ ἐγκαλεῖν, εἰ πλείω χρόνον εἶχεν,
> A / δῷ ἡ \ δι en > \ “ id
ἀλλὰ χάριν εἰδέναι, μὴ ἡμῖν, ἀλλὰ τῇ τύχῃ, ὅτι
πολλαὶ καὶ ἀναγκαῖαι διατριβαὶ ἐγένοντο ἐν τῷ
μεταξὺ χρόνῳ, ὥστε νῦν περὶ τούτων ἀγωνίζεσθαι.

Οὗτοι μὲν οὖν τοιοῦτοί εἰσιν ἄνθρωποι, ὦ ἄνδρες
δικασταί, καὶ μέλει αὐτοῖς οὐδὲν οὔτε τοῦ οἴκου
> / an ge: / + ~ Μ a
ἐξερημουμένου τοῦ “Ayviov οὔτε τῶν ἄλλων ὅσα
παρανομοῦσιν: οἵτινές γε, ὦ Ζεῦ καὶ θεοί, τὰ μὲν
” / A / \ 7 A A
ἄλλα τί av tis λέγοι περὶ τούτων; πολλὰ γὰρ
ἂν εἴη λέγειν: ἕν δὲ παρανομώτατον καὶ μιαρώτατον
διαπεπραγμένοι εἰσί, καὶ μάλιστ᾽ ἐνδεικνύμενοι
a ° \ > ~ / \ ~ ~ τ
ὅτι οὐδενὸς ἁὐτοῖς μέλει πλὴν τοῦ πλεονεκτεῖν" οὐ
γὰρ ἔφθη Θεόπομπος τὴν ἐπιδικασίαν ποιησάμενος
τοῦ κλήρου τοῦ ᾿Αγνίου τὸν τρόπον τοῦτον ὃν
¢€ “- > / \ > \ 3 / -“ A > \
ὑμεῖς ἀκηκόατε, καὶ εὐθὺς ἐνεδείξατο ὅτι τὰ οὐδὲν
προσήκονθ᾽ ἑαυτῷ ἔχειν ἐνόμιζεν. ὃ γὰρ ἦν

A - «ς

πλείστου ἀξιον ἐν τοῖς χωρίοις τοῖς ᾿Αγνίου καὶ
106

AGAINST MACARTATUS, 66-69

fathers to the hero-founder after whom ye are named ; and
for the dead their relatives shall make offerings on the
appointed day according to established custom.

You hear, men of the jury, that Solon in the laws
and the god in the oracle use the same language,
bidding the relatives to perform rites for the departed
on the proper days. But neither Theopompus nor
the defendant Macartatus cared at all for these
things ; they cared only for this, that they might
retain possession of what does not belong to them,
and to complain that after having had the estate for
so long, they must now defend their title to it. I
should have thought, men of the jury, that one who
unjustly keeps in his possession the property of
another, should not make complaints if he has kept
it in his possession longer than is right, but should
be grateful, not to us, but to fortune, that so many
unavoidable delays have occurred in the interim, so
that he is not brought to trial until now.

Our opponents, then, men of the jury, are men of
this stamp ; they care nothing either for the extinc-
tion of the house of Hagnias, or for all the rest of
their lawless deeds ; men, who, O Zeus and the gods—
but why should one mention the other things relative to
them ? There would be much indeed to tell of. But
one thing which they have brought to pass is the most
lawless and the most abominable, and most clearly
proves that they care for nothing except their profit.

68

For no sooner had Theopompus got the award of the 69

estate of Hagnias in the manner which you have
heard, than he at once gave proof that he knew well
that he was in possession of what in no sense belonged
to him. The thing which was of the greatest value
on the farms belonging to Hagnias, and which was

107

DEMOSTHENES

΄ \
ἐθαυμάζετο μάλιστα καὶ ὑπὸ τῶν προσχώρων Kal
¢ \ ~ A > / ¢€ La Weel / >
ὑπὸ τῶν ἄλλων ἀνθρώπων, at ἐλᾶαι, ταύτας ἐξ-
WpuTtov καὶ ἐξεπρέμνιζον, πλεῖν ἢ χίλια στελέχη,
ὅθεν ἔλαιον πολὺ ἐγίγνετο. ταύτας οὗτοι ἀπέδοντο
ἐκπρεμνίσαντες, καὶ ἀργύριον ὑπέρπολυ ἔλαβον.

[1074] καὶ ταῦτ᾽ ἐποίουν οὗτοι ἐπιδίκου ἐ ὄντος τοῦ ) κλήρου

70

71

τοῦ ᾿Αγνίου κατὰ τὸν νόμον, καθ᾽ ὅνπερ οὗτοι τὴν
τουτουὶ μητέρα προσεκαλέσαντο.

“Ort δὲ ταῦτ᾽ ἀληθῆ λέγω, καὶ ἐξεπρέμνισαν τὰς
ἐλάας ἐκ τῶν ,χωρίων ὧν ᾿Αγνίας κατέλιπε, μάρ-
τυρας ὑμῖν τούτων παρεξόμεθα τούς τε προσχώρους
καὶ τῶν ἄλλων οὗς παρεκαλέσαμεν, ὅτ᾽ ἐπεμαρ-
τυρόμεθα περὶ τούτων.

Λέγε τὴν μαρτυρίαν.

MAPTYPIA
Μαρτυροῦσιν ἀκολουθῆσαι ᾿Αραφῆνάδε παρακληθέν-

τες ὑπὸ Σωσιθέου εἰς τοὺς ᾿“Αγνίου ἀγρούς, ἐπειδὴ
Θεόπομπος ἐπεδικάσατο τοῦ κλήρου τοῦ ᾿Αγνίου, καὶ
ἐπιδεικνύναι αὑτοῖς Σωσίθεον τὰς ἐλάας πρεμνιζομένας
ἐκ τοῦ ᾿Αγνίου ἀγροῦ.

Εἰ μὲν τοίνυν, ὦ ἄνδρες δικασταί, τὸν τετελευτη-
κότα μόνον ὕβριζον ταῦτα διαπραξάμενοι, δεινὰ
μὲν ἂν ἐποίουν, ἧττον δέ: νῦν δὲ καὶ εἰς ὅλην τὴν
πόλιν ταυτηνὶ ὑβρίκασι καὶ παρανενομήκασιν.
γνώσεσθε δὲ ἐπειδὰν τοῦ νόμου ἀκούσητε.

᾿Αναγίγνωσκε τὸν νόμον.

ΝΟΜΟΣ

"Kav τις ἐλάαν ᾿Αθήνησιν ἐξορύττῃ, ἐὰν μὴ εἰς ἱερὸν
᾿Αθηναίων δημόσιον ἢ 67 οτικόν, 7 ἑαυτῷ ῆσθαι μέχρι
] Mt ἢ δημο ) (ρῆσθαι μέχρ
δυοῖν ἐλάαιν τοῦ ἐνιαυτοῦ ἑκάστου, ἢ ἐπὶ ἀποθανόντα

108

AGAINST MACARTATUS, 69-71

most admired by the neighbours and by everybody
else, was the olive trees. These they dug up and
rooted out, more than a thousand trees, from which
a large quantity of oil was produced. These trees
our opponents rooted out and sold, and received a
huge sum of money. And they did this while the
estate of Hagnias was still subject to adjudication in
accordance with the very law which had permitted
them to cite the mother of this boy here.

To prove that I speak the truth in this, that they 70
rooted up the olive trees from the farms which
Hagnias left, I will produce for you as witnesses the
neighbours and others whom we summoned, when we
made a solemn protest against this action.

(To the clerk.) Read the deposition.

Tue DeposiTrion

The deponents testify that on being summoned by Sosi-
theus they accompanied him to Araphen,* to the lands of
Hagnias, after Theopompus had had the estate of Hagnias
adjudged to him, and that Sositheus showed them the olive
trees being rooted up from the land of Hagnias.

If now, men of the jury, it were against the dead 71
man only that they had committed an outrage in
doing this, their conduct would have been disgraceful,
though in a less degree ; but in reality it is against
the whole city that they have committed this outrage,
and they have broken your laws. You will know
this, when you have heard the law.

(To the clerk.) Read the law.

Tue Law

If anyone shall dig up an olive tree at Athens, except it be
for a sanctuary of the Athenian state or of one of its demes, or
for his own use to the number of two olive trees each year, or

@ Araphen was a deme of the tribe Aegeis.

109

[1075] ¢

72

73

DEMOSTHENES

4 / 5 , «ε Ν A - (Ν ’ὔ,
δέῃ χρήσασθαι, ὀφείλειν ἑκατὸν δραχμὰς τῷ δημοσίῳ
τῆς ἐλάας ἑκάστης, τὸ δὲ ἐπιδέκατον τούτου τῆς θεοῦ
πο 3 , NB! Ν a 39 7 »“ 3 4 € Ν
εἶναι. ὀφειλέτω δὲ καὶ τῷ ἰδιώτῃ τῷ ἐπεξιόντι ἑκατὸν
δραχμὰς καθ᾽ ἑκάστην ἐλάαν. τὰς δὲ δίκας εἶναι περὶ
τούτων πρὸς τοὺς ἄρχοντας, ὧν ἕκαστοι δικασταί εἰσι.
πρυτανεῖα δὲ τιθέτω ὁ διώκων τοῦ αὑτοῦ μέρους. ὅτου
δ᾽ ἂν καταγνωσθῇ, ἐγγραφόντων οἱ “ἄρχοντες, πρὸς ous
ἂν ἡ ἡ δίκη, τοῖς πράκτορσιν, ὃ τῷ δημοσίῳ γίγνεται:
ὃ δὲ TH Jew γίγνεται, τοῖς ταμίαις τῶν τῆς θεοῦ.

ἐὰν δὲ μὴ ἐγγράφωσιν, αὐτοὶ ὀφειλόντων.

18) \ / Ψ > / > “- δ᾽ > 6
μὲν νόμος οὕτως ἰσχυρός. ἐκεῖνο δ᾽ ἐνθυ-
μεῖσθε πρὸς ὑμᾶς αὐτούς, ὦ avdpes δικασταί, τί
ποτ᾽ οἴεσθ᾽ ἡμᾶς πάσχειν ἐν τῷ παρεληλυθότι
χρόνῳ ὑπὸ τούτων καὶ ὑπὸ τῆς ὕβρεως τῆς τούτων,
ὅπου ὑμῶν, πόλεως τηλικαυτησί, κατεφρόνησαν καὶ
τῶν νόμων τῶν ὑμετέρων, καὶ ἃ διαρρήδην ἀπαγο-
ρεύουσιν ot νόμοι μὴ ποιεῖν, οὑτωσὶ καταφρονητι-
κῶς ἠκίσαντο τὰ χωρία ἃ κατέλιπεν ᾿Αγνίας. ὁ
δὲ νόμος “ἀπαγορεύει μηδ᾽ ἐκ τοῦ αὑτοῦ χωρίου
τοῦ πατρῴου μηδὲν τούτων ποιεῖν. πολύ γε αὐτοῖς
μέλει ἢ τοῖς νόμοις τοῖς ὑμετέροις πείθεσθαι, ἢ
ὅπως μὴ ἐξερημωθήσεται 6 ὁ οἶκος ὁ ᾿Αγνίου.
γὼ Ὁ τὸ ἄνδρες δικασταί, βούλομαι περὶ

ἐμαυτοῦ πρὸς ὑμᾶς εἰπεῖν διὰ βραχέων, καὶ δεῖξαι
ὅτι οὐχ ὁμοίως τούτοις ἐπιμέλειαν ἐ ἐποιησάμην τοῦ
οἴκου τοῦ ᾿Αγνίου, ὅπως μὴ ἐξερημωθήσεται. καὶ
αὐτὸς γάρ εἰμι τοῦ γένους τοῦ Βουσέλου “A-
βρωνος γὰρ τοῦ Βουσέλου υἱέος ἔλαβε τὴν θυγα-
τριδῆν Καλλίστρατος, Εὐβουλίδου μὲν υἱὸς ὦν,
Βουσέλου δ᾽ ὑϊδοῦς: καὶ ἐκ τῆς “ABpwvos θυγα-

1 The words ὃ δὲ. . γίγνεται, lacking in the mss., were
added by Reiske.
110

AGAINST MACARTATUS, 71-73

except it be needful to use it for the service of one who is
dead, he shall be fined one hundred drachmae, to be paid
into the public treasury, for each tree, and the tenth part of
this sum shall belong to the goddess. Furthermore he shall
be obligated to pay to the private individual who prosecutes
him one hundred drachmae for each olive tree. And suits
concerning these matters shall be brought before the archons,
according as they severally have jurisdiction. And the
prosecutor shall deposit the court fees for his share. And
when a person shall have been convicted, the archon before
whom the case was brought shall make a report to the
collectors of the amount due to the treasury, and of the
amount due to the goddess, to the treasurers of the goddess.
And if they fail to make such reports, they shall themselves
be liable for the amount.

The law is thus severe. But pray ponder in your
minds, men of the jury, what you must imagine us to
have suffered in the past from these men and the
insolence of these men, when they have shown con-
tempt toward you, so great a people, and have done
what the laws expressly forbid their doing, in thus
contemptuously laying waste the farms which Hagnias
left. The law forbids anyone to root up any of these
things even out of his own land inherited from his
fathers. Much indeed do these men care either about
obedience to your laws or the saving of the house of
Hagnias from extinction !

I desire, men of the jury, to speak to you in a few
words about myself, and to prove to you that I have,
in a very different way from theirs, shown my concern
that the house of Hagnias should not become extinct.
For I, too, am myself of the family of Buselus. For
Callistratus married the granddaughter of Habron,
the son of Buselus, being himself the son of Eubulides
and grandson of Buselus ; and from the grand-

111

73

74

[1076]

DEMOSTHENES

τριδῆς καὶ ἐκ Καλλιστράτου τοῦ ἀδελφιδοῦ τοῦ
"ABpwvos ἐγένετο ἡ μήτηρ ἡ ἡμετέρα. ἐγὼ ὃ.
ἐπειδὴ ἐπεδικασάμην τῆς τουτουὶ μητρὸς καὶ
ἐγένοντό μοι υἱεῖς μὲν τέτταρες, θυγάτηρ δὲ μία,
τὰ ὀνόματα ἐθέμην τούτοις, ὦ ἄνδρες δικασταί,
τῷ μὲν πρεσβυτάτῳ τὸ τοῦ πατρὸς τοῦ ἐμαυτοῦ
ὄνομα, Σωσίαν, ὥσπερ καὶ δίκαιόν ἐστι, καὶ
ἀπέδωκα τῷ πρεσβυτάτῳ τοῦτο τὸ ὄνομα: τῷ δὲ
μετ᾽ αὐτὸν γενομένῳ τουτῳὶ ἐθέμην Εὐβουλίδην,
ὅπερ ἢν ὄνομα. τῷ πατρὶ τῷ τῆς μητρὸς τῆς τοῦ
παιδὸς τουτουί" τῷ δὲ μετὰ τοῦτον Μενεσθέα
ἐθέμην: καὶ γὰρ ὁ Μενεσθεὺς οἰκεῖος ἣν τῆς ἐμῆς
γυναικός: τῷ δὲ νεωτάτῳ ἐθέμην ὄνομα Kaddi-
στρατον, ὃ ἣν ὄνομα τῷ πατρὶ τῷ τῆς ἐμῆς μητρός.
ἔτι δὲ πρὸς τούτοις καὶ τὴν θυγατέρ᾽ ἔδωκα
οὐδαμόσε ἔξω, ἀλλὰ τῷ ἀδελφιδῷ τῷ ἐμαυτοῦ,
ὅπως, ἐὰν ὑγιαίνωσι, καὶ οἱ ἐκ τούτων ἐκ τοῦ
αὐτοῦ γένους ὦσιν ᾿Αγνίᾳ. ἐγὼ μὲν οὖν τοῦτον
τὸν τρόπον διῴκησα, ὅπως ἂν διασῴζωνται ὅτι
μάλιστα οἱ οἶκοι οἵ ἀπὸ τοῦ Βουσέλου: τούτους δ᾽
ἐξετάσωμεν πάλιν.

Καὶ πρώτιστον μὲν τὸν νόμον τουτονί ἀνάγνωθι.

ΝΟΜΟΣ

‘O ἄρχων ἐπιμελείσθω τῶν ὀρφανῶν καὶ τῶν ἐπι-
κλήρων καὶ τῶν οἴκων τῶν ἐξερημουμένων καὶ τῶν γυναι-
κῶν, ὅσαι μένουσιν ἐν τοῖς οἴκοις τῶν ἀνδρῶν τῶν τεθνη-
κότων φάσκουσαι κυεῖν. τούτων ἐπ ἱμελείσθω καὶ μὴ
ἐάτω ὑβρίζειν μηδένα περὶ τούτους. ἐὰν δέ τις ὑβρί(η
ἢ ποιῇ τι παράνομον, κύριος ἔστω ἐπιβάλλειν κατὰ τὸ
τέλος. ἐὰν δὲ μείζονος ζημίας δοκῇ ἄξιος εἶναι, προσ-
καλεσάμενος πρόπεμπτα καὶ τίμημα ἜΣ ς ὅ

112

AGAINST MACARTATUS, 73-75

daughter of Habron and Callistratus, the nephew of

Habron, our mother was born. I myself, when I had 74

been awarded the hand of the mother of this boy,
and four sons and one daughter had been born to me,
gave them, men of the jury, the following names : to
the eldest I gave, as was fitting, the name of my father
Sosias, and thus I gave to the eldest this name that
was his due; to the son born next after him I gave the
name Eubulides, which was the name of the father
of this boy’s mother ; to the next after him I gave the
name Menestheus, for Menestheus was a relative of
my wife ; and to the youngest I gave the name Cal-
listratus, which was the name of my mother’s father.
In addition to all this, I did not give my daughter in
marriage into another family, but to my own brother’s
son, in order that, if they had health, the children
born of them should be of the same family as Hagnias.
I, then, administered matters in this way, in order
that the families springing from Buselus should as
completely as possible be preserved. As for our
opponents, let us examine them once more.
(To the clerk.) And first of all read this law.

THe Law

Let the archon take charge of orphans and of heiresses and
of families that are becoming extinct, and of all women who
remain in the houses of their deceased husbands, declaring
that they are pregnant. Let him take charge of these, and
not suffer anyone to do any outrage tothem. And if anyone
shall commit any outrage or any lawless act against them, he
shall have power to impose a fine upon such person up to the
limit fixed by law. And if the offender shall seem to him to
be deserving of a more severe punishment, let him summon
such a person, giving him five days’ notice, and bring him
before the court of Heliaea, writing upon the indictment the

VOL. II I 113

76

[1077]

aid

78

DEMOSTHENES

bal a > - > ΄ > 5 ε , a8 2

τι ἂν δοκῇ αὐτῷ, εἰσαγέτω εἰς THY ἡλιαίαν. ἐὰν ὃ

ἁλῷ, τιμάτω ἡ ἡλιαί, t τοῦ ἁλόντος, ὅ τι χρὴ

ΔΩ; ! ἷ Ἵ ἢ oe περι TOV α ος, χρὴ
αὐτὸν παθεῖν ἢ ἀποτεῖσαι.

Πῶς ἂν οὖν μᾶλλον ἐξερημώσαιεν ἄνθρωποι
οἶκον, ἢ εἴ τινες τούς τε γένει ὄντας ἐγγυτάτω
᾿Αγνίᾳ, τούτους ἐξελαύνοιεν ἐξ ἑ ἑτέρου οἴκου ὄντες
τοῦ Στρατίου, καὶ πάλιν εἰ τὸν μὲν κλῆρον ἀξιοῖ
ἔχειν τὸν ‘Ayviov ὡς γένει προσήκων, τὸ δ᾽ ὄνομά
ἐστιν αὐτῷ μὴ ὅτι ἐκ τοῦ ᾿Αγνίου οἴκου, ἀλλ᾽ οὐδ᾽
ἐκ τοῦ Στρατίου ἐστὶ τοῦ ἑαυτοῦ προγόνου, οὐδὲ
τῶν ἄλλων ἀπογόνων τῶν Βουσέλου, τοσούτων
γενομένων, οὐδενὸς ἔχει τὸ ὄνομα; ἀλλὰ πόθεν
δή ἐστι τὸ ὄνομα ὁ Μακάρτατος; ἐκ τῶν πρὸς
μητρός. εἰσεποιήθη γὰρ οὗτος εἰς τὸν οἶκον τὸν
Μακαρτάτου τοῦ Προσπαλτίου, “ἀδελφοῦ ὄντος τῆς
μητρὸς τῆς τούτου, καὶ ἔχει καὶ ἐκεῖνον τὸν οἶκον.
καὶ οὕτως ἐστὶν ὑβριστής, ὥστε γενομένου αὐτῷ
υἱέος τοῦ μὲν εἰσαγαγεῖν εἰς τὸν οἶκον τὸν ‘Ayviov
υἱὸν τῷ ᾿Αγνίᾳ ἐπελάθετο, καὶ ταῦτ᾽ ἔχων τὸν
κλῆρον τὸν ᾿Αγνίου καὶ φάσκων πρὸς ἀνδρῶν αὐτῷ
προσήκειν" τοῦτον δὲ τὸν υἱὸν τὸν γενόμενον τῷ
Μακαρτάτῳ εἰσπεποίηκε τῷ πρὸς μητρὸς εἰς τοὺς
Προσπαλτίους, τὸν δὲ “Αγνίου οἶκον εἴακεν “ἔρημον
εἶναι τὸ τούτου μέρος: φησὶ δὲ τὸν πατέρα τὸν
ἑαυτοῦ Θεόπομπον προσήκειν ᾿Αγνίᾳ. ὁ δὲ νόμος
κελεύει 6 τοῦ Σόλωνος κρατεῖν τοὺς ἄρρενας καὶ
τοὺς ἐκ τῶν ἀρρένων" οὗτος δ᾽ οὑτωσὶ ῥᾳδίως
κατεφρόνησε, καὶ τῶν νόμων καὶ τοῦ ᾿Αγνίου, καὶ
εἰσεποίησε τὸν υἱὸν εἰς τὸν οἶκον τὸν πρὸς μητρός.
πῶς ἂν γένοιντο τούτων ἄνθρωποι παρανομώτεροι

ἢ βιαιότεροι;
114

AGAINST MACARTATUS, 75-78

penalty which he thinks is deserved. And if there be a
conviction, let the court of Heliaea appoint for the one con-
victed what penalty he ought to suffer or pay.

How, now, could people more effectively bring a
house to extinction than if, being themselves of
another house, that of Stratius, they should dis-
possess those nearest of kin to Hagnias? Or again,
if one should claim to possess the estate of Hagnias as
being related by blood, when he bears a name that
is not only not derived from the family of Hagnias,
but not even from that of Stratius, the claimant’s
own ancestor—no, when he has not the name of
any other of all the descendants of Buselus, many as
they are? Whence, then, does he get the name
Macartatus ? From his mother’s family. For he
was adopted into the family of Macartatus of Pros-
palta, who was his mother’s brother, and he possesses
that estate also. And so regardless of right is he
that, when a son was born to him, he forgot to in-
troduce him into the family of Hagnias, as a son to
Hagnias, and that too while he was in possession of
the estate of Hagnias, and claimed that he was
related to him by male descent. This son who was
born to him Macartatus has introduced by his
mother’s descent into the Prospaltians, and has
suffered the family of Hagnias to become extinct, so
far as this boy is concerned ; but he alleges that his
own father Theopompus was related to Hagnias. Yet
the law of Solon ordains that males and the sons of
males shall have precedence ; but the defendant has
thus lightly shown contempt both for Hagnias and for
the laws, and has had his son introduced into the
family of his mother. How could there be people
more scornful of law or more arbitrary than these ?

PES

78

DEMOSTHENES

79 Οὐ τοίνυν ταῦτα μόνον, ὦ ἀνὸρες δικασταί, ἀλλὰ
\ ~ - ~
καὶ μνήματος ὄντος κοινοῦ ἅπασι τοῖς ἀπὸ τοῦ
Βουσέλου γενομένοις, (καὶ καλεῖται τὸ μνῆμα
Βουσελιδῶν, πολὺς τόπος περιβεβλημένος, ὥσπερ
οἱ ἀρχαῖοι ἐνόμιζον) ἐν τούτῳ τῷ μνήματι ot μὲν
ἄλλοι ἅπαντες οἱ ἀπὸ τοῦ Βουσέλου κεῖνται, καὶ
ὁ ᾿Αγνίας καὶ ὁ Εὐβουλίδης καὶ ὁ Πολέμων καὶ οἱ
ἄλλοι ἅπαντες τοσοῦτοι ὄντες συγγενεῖς, οἱ ἀπὸ
6 τοῦ Βουσέλου, ἅπαντες οὗτοι κοινωνοῦσι τοῦ
[1078] μνήματος τούτου" ὁ δὲ τουτουὶ “πατὴρ Μακαρτάτου
καὶ ὁ πάππος οὐ κεκοινωνήκασι τούτου, ἀλλ᾽
αὑτοῖς ἰδίᾳ ἐποιήσαντο μνῆμα ἄπωθεν τοῦ Βου-
σελιδῶν μνήματος. δοκοῦσιν ὑμῖν, ὦ ἄνδρες
δικασταί, προσήκειν τι τῷ οἴκῳ τῷ ᾿Αγνίου, πλὴν
τοῦ ἔχειν ἁρπάσαντες τὰ μὴ προσήκοντα; εἰ δ᾽
> 5
ἐξερημωθήσεται ἢ ἀνώνυμος ἔσται ὁ οἶκος ὁ
« “- ~ ~
Ayviov καὶ ὁ Εὐβουλίδου τοῦ ἀνεψιοῦ τοῦ “Ayviov,
οὐδὲ κατὰ τοὐλάχιστον πώποτ᾽ αὐτοῖς ἐμέλησεν.
3 Ay > > »” / ~ \ ε 4»
81 ᾿Εγὼ δ᾽, ὦ ἄνδρες δικασταί, βοηθῶ μὲν ὡς οἷός
> A
T εἰμὶ μάλιστα τοῖς τετελευτηκόσιν ἐκείνοις" οὐ
πάνυ δ᾽ ἐστὶ ῥᾷάδιον ταῖς τούτων παρασκευαῖς
5 ,ὕ > - -
ἀνταγωνίζεσθαι. παραδίδωμι οὖν ὑμῖν τὸν παῖδα
/ > -
τουτονί, ὦ ἄνδρες δικασταί, ἐπιμεληθῆναι, ὅπως
ἂν ὑμῖν δοκῇ δικαιότατον εἶναι. οὗτος εἰσπεποίηται
» A Ss A Ὁ , \ ᾿] ~ > A
εἰς Tov οἶκον τὸν υὐβουλίδου, καὶ εἰσῆκται εἰς τοὺς
/ τ >’ \ > 4 > 3 > \ »
φράτερας, οὐκ εἰς τοὺς ἐμούς, ἀλλ᾽ εἰς τοὺς ὐβου-
/ Nie, 2 \ / / A
82 Aidov Kai ‘Ayviov καὶ Μακαρτάτου τουτουί. καὶ
-“ > 7 Ὁ \ Μ / ,
ὅτε εἰσήγετο, ot μὲν ἄλλοι φράτερες κρύβδην
” ᾿ a ε \ \ } , =
ἔφερον τὴν ψῆφον, οὑτοσὶ δὲ Μακάρτατος φανερᾷ
ψήφῳ ἐψηφίσατο ὀρθῶς εἰσάγεσθαι Εὐβουλίδῃ
υἱὸν τὸν παῖδα τουτονί, οὐκ ἐθελήσας ἅψασθαι τοῦ
ἱερείου οὐδ᾽ ἀπαγαγεῖν ἀπὸ τοῦ βωμοῦ ὑπεύθυνον
116

AGAINST MACARTATUS, 79-82

Now this is not the only thing, men of the jury. 79
There is a place of burial common to all those
descended from Buselus (it is called the burial-place
of the Buselidae, a large area, enclosed, after the
manner of the men of old). In this burial-place lie
all the other descendants of Buselus and Hagnias and
Eubulides and Polemon, and all the rest of the host of
those descended from Buselus, all these hold in
common this place of burial. But the father of the 80
defendant Macartatus and the grandfather have no
share in it, but they made for themselves a tomb
apart, at a distance from that of the Buselidae. Do
they appear to you, men of the jury, to belong in any
sense to the house of Hagnias, except that they have
seized and hold what does not belong to them?
Whether the house of Hagnias and of Eubulides, the
cousin of Hagnias, is to become extinct and have no
name, has never in the least degree been an object
of concern to them.

I for my part, men of the jury, am defending to the 81
full extent of my power the interest of those dead
relatives, but it is not an easy task to contend against
the intrigues of these men, I therefore deliver over to
you this boy to be the object of your care in whatever
way you may deem most just. He has been adopted
into the house of Eubulides, and has been introduced to
the clansmen, not mine, but those of Eubulides and
Hagnias and the defendant, Macartatus. And when 82
he was being introduced, the rest of the clansmen cast
their votes secretly, but the defendant Macartatus by
an open vote declared that this boy was being rightly
introduced as a son to Eubulides ; for he did not wish
to lay his hand upon the victim or to remove it from
the altar, and thus make himself responsible ; nay,

ΤΠ

83

84

DEMOSTHENES

« \ / > A A \ / ~ ~
αὑτὸν ποιήσας" ἀλλὰ Kal τὴν μερίδα τῶν κρεῶν
~ dd ‘
wxeTto λαβὼν παρὰ τοῦ παιδὸς τουτουί, ὥσπερ Kal
“é A / / \ \ “ ΄
ot ἄλλοι φράτερες. νομίζετε δὴ τὸν παῖδα τουτονί,
ὦ ἄνδρες δικασταί, ἱκετηρίαν ὑμῖν προκεῖσθαι
« \ ~ / «ς / \ 3 /
ὑπὲρ τῶν τετελευτηκότων “Ayviov Kat Εὐβουλίδου
“ ~ ~ ς
καὶ τῶν ἄλλων τῶν ἀπὸ τοῦ ᾿Αγνίου, καὶ ἱκετεύειν
αὐτοὺς ὑμᾶς τοὺς δικαστάς, ὅπως μὴ ἐξερημω-
θήσεται αὐτῶν ὁ οἶκος ὑπὸ τῶν μιαρῶν τούτων
θηρίων, οἵ εἰσιν ἐκ τοῦ Στρατίου οἴκου, ἐν δὲ τῷ
“Αγνίου. οὐδεπώποτ᾽ ἐγένοντο: μηδ᾽ ἐπιτρέψητε
τούτοις ἔχειν τὰ μὴ προσήκοντα, ἀλλ᾽ ἀποδοῦναι
A /
ἀναγκάσατε εἰς Tov ‘Ayviov οἶκον Tots προσήκουσι
τοῖς ᾿Αγνίου. ἐγὼ μὲν οὖν ἐκείνοις τε βοηθῶ τοῖς
τετελευτηκόσι καὶ τοῖς νόμοις τοῖς περὶ τούτων
- > /
κειμένοις, δέομαι δὲ Kal ὑμῶν, ὦ ἄνδρες δικασταΐ,
an h
Kal ἱκετεύω καὶ ἀντιβολῶ, μὴ περιΐδητε μήτε TOV
παῖδα τουτονὶ ὑβρισθέντα ὑπὸ τούτων, μήτε τοὺς
προγόνους τοὺς τουτουὶ ἔτι μᾶλλον καταφρονου-
μένους ἢ νῦν καταπεφρόνηνται, ἐὰν διαπράξωνται
ves Δ / > \ “- / -
οὗτοι ἃ βούλονται: ἀλλὰ τοῖς τε νόμοις βοηθεῖτε
~ A A
καὶ τῶν τετελευτηκότων ἐπιμελεῖσθε, ὅπως μὴ
ἐξερημωθῇ αὐτῶν ὁ οἶκος. καὶ ταῦτα ποιοῦντες
τά τε δίκαια ψηφιεῖσθε καὶ τὰ εὔορκα καὶ τὰ ὑμῖν
αὐτοῖς συμφέροντα.

118

AGAINST MACARTATUS, 82-84

he even received his portion of the flesh from the hand
of this boy, and took it away with him, as did the rest
of the clansmen. Consider, men of the jury, that this 83
boy is set before you as though he were the suppliant’s
wand, on behalf of the deceased Hagnias and Eubulides
and the other descendants of Hagnias, and that they
supplicate you jurymen not to allow their house to be
brought to extinction by these loathsome monsters,
who are of the house of Stratius, and never belonged
to that of Hagnias. Do not suffer them to keep what
is not their own, but compel them to give it back into
the house of Hagnias for those who are his relatives.
I verily am defending the interests of those relatives 84
who are dead, and the laws established to protect
them, and I beg of you also, men of the jury, I
beseech you, I implore you, do not shut your eyes to
the outrage done to this boy by the defendants, nor
suffer his ancestors to be treated with even greater
indignity than before, as will be the case, if these
men accomplish what they desire. No; rally to the
defence of the laws, and take thought for the dead,
that their house be not brought to extinction. By
doing this you will render a verdict which is just and
consonant with your oaths, and in the interest of your
own selves.

119

AGAINST LEOCHARES

INTRODUCTION

Arcuiapes, an Athenian of the deme Otryné,* died
without issue. He left a brother Meidylides and a
great-nephew Leocrates, the grandson of his sister
Archidicé, as surviving male relatives; and under
Athenian law the brother rather than the sister’s
grandson was the legal heir. Meidylides, however,
was out of the country at the time, and in his absence
Leocrates, having got himself recorded as the adopted
son of Archiades (posthumous adoptions were in some
cases at least recognized), entered into possession of
the property. When Meidylides returned to Athens,
he was naturally indignant at what had been done,
but was persuaded by his friends to acquiesce in the
existing situation (so at least the present speaker
states), and after his death his grandson Aristodemus
took the same course. Leocrates on his part, after
remaining for some time in undisturbed possession of
the estate, transferred it to his son Leostratus, whom
he entered in the clan and the deme of Archiades, so
as to give him in his turn the standing of an adopted
son. He himself then returned to his own family,
thus severing his connexion with the house of
Archiades. Later on Leostratus took the same
course, having in like manner entered his son Leo-
erates II as successor to his rights. To this transfer
again the speaker states that he and his family made
no objection, although in this speech he claims that

2 Otryné was a deme of the tribe Aegeis.
123

DEMOSTHENES

the adoption thus continued through the lives of three
persons was not legally valid. This second Leo-
crates died leaving no heirs, and Aristodemus then
came forward to claim the estate as being nearest of
kin to Archiades. Leostratus, on his part, sought to
have his younger son Leochares, the defendant in the
present suit, transferred to the clan and deme of
Archiades, that he might claim precedence as an
adopted son, and on the basis of this action Leochares
filed an affidavit of objections (διαμαρτυρία), declar-
ing that the estate was not open to litigation. Such
an affidavit, like the special plea (παραγραφή), would
of course delay action on the main issue, and it is on
this affidavit that the present case is argued.

Aristodemus, whose case is conducted for him by
his son, who, though he is nowhere mentioned by
name, presumably bore the name of his grandfather
Aristoteles, makes the apparently valid claim that he
is not only the nearest of kin to Archiades, but that,
even granting the validity of the successive adoptions
of Leocrates I, Leostratus, and Leocrates II, the
present claimant can with no semblance of right be
accorded the same status, as at the time of the death
of Leocrates Il he was confessedly a member of
another clan and tribe, and connected with Archiades
only as the great-great-grandson of his sister.
Further, the endeavour to get him adopted was not
made until the suit of Aristodemus had been filed,
and must, the speaker claims, be regarded as a mere
subterfuge.

A tree, showing the descent of both parties to the
suit, is appended.

The speech is discussed by Schaefer, iii.? pp. 241 ff.,
and by Blass, iii. pp. 568 ff.

124

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9
[1081]

XLIV

ΠΡΟΣ AEQXAPH ΠΕΡῚ TOY APXIAAOY
KAHPOY

Αἴτιος μέν ἐστι Λεωχάρης οὑτοσί, ὦ ἄνδρες
δικασταί, τοῦ καὶ αὐτὸς κρίνεσθαι καὶ ἐμὲ νεώτερον
ὄντα λέγειν ἐν ὑμῖν, ἀξιῶν κληρονομεῖν ὧν οὐ
προσῆκεν αὐτῷ, καὶ ὑπὲρ τούτων ψευδῆ διαμαρ-
τυρίαν πρὸς τῷ ἄρχοντι “ποιησάμενος. ἡμῖν μὲν
γὰρ ἀναγκαῖον ἦν, τοῦ νόμου τὰς ἀγχιστείας τοῖς
ἐγγυτάτω γένους ἀποδιδόντος, οὖσιν οἰκείοις
᾿Αρχιάδου τοῦ ἐξ ἀρχῆς καταλιπόντος τὸν κλῆρον,
μήτε τὸν οἶκον ἐξερημωθέντα τὸν ἐκείνου περιϊδεῖν,
μήτε τῆς οὐσίας “ἑτέρους κληρονομήσαντας, οἷς
οὐδ᾽ ὁτιοῦν προσήκει" οὗτος δ᾽ οὔτε γένει τοῦ
τετελευτηκότος υἱὸς ὦν, ovT εἰσποιηθεὶς κατὰ
τοὺς νόμους, ὡς ἐγὼ δείξω, διαμεμαρτύρηκεν
οὕτω τὰ ψευδῆ προπετῶς, ἀφαιρούμενος ἡμῶν τὴν

>

κληρονομίαν. δέομαι δ᾽ ὑμῶν, ὦ ἄνδρες δικασταί,

~ ~ \ \ \ > 7 303 /
βοηθῆσαι τῷ τε πατρὶ τουτῳὶ καὶ ἐμοί, ἐὰν λέγω-

μεν τὰ δίκαια, καὶ μὴ περιϊδεῖν πένητας ἀνθρώπους
καὶ ἀσθενεῖς καταστασιασθέντας ὑπὸ παρατάξεως
ἀδίκου. ἡμεῖς μὲν γὰρ ταῖς ἀληθείαις πιστεύοντες
εἰσεληλύθαμεν, καὶ ἀγαπῶντες, ἄν τις ἡμᾶς ἐᾷ
τῶν νόμων τυγχάνειν: οὗτοι δὲ τῇ παρασκευῇ καὶ
126

XLIV

ARISTODEMUS AGAINST LEOCHARES
REGARDING THE ESTATE OF
ARCHIADES

Ir is the fault of Leochares, the defendant, men of the
jury, that he is himself being brought to trial, and
that I, despite my youth, am addressing you, for he
claims the right to inherit what does not belong to
him, and has made a false affidavit of objections before
the archon in support of his claim. It was incumbent
upon us—since the law grants the right of succession
to those nearest of kin, and we are relatives of
Archiades, who originally left the estate—not to
suffer his house to become extinct, and others, who
had no right whatever to it, to inherit his property ;
while the defendant, who was neither a son by blood
of the deceased nor a son adopted according to your
laws, as I shall show, has thus recklessly made a false
affidavit, and is seeking to rob me of the inheritance.
I beg you, men of the jury, to come to the aid of my
father and myself, if our pleading shall seem just, and
not suffer men who are poor and without influence to
be crushed by the lawless men marshalled against us.
For we have come before you relying upon the truth,
well content if we are permitted to obtain our legal
rights ; while our adversaries have from the first

127

2

i)

DEMOSTHENES

τοῖς ἀναλώμασιν ἰσχυριζόμενοι διατετελέκασιν,
εἰκότως οἶμαι: ἐκ γὰρ τῶν ἀλλοτρίων ῥᾳδίως
ἀναλίσκουσιν, ὥστε καὶ τοὺς συνεροῦντας ὑπὲρ
αὑτῶν καὶ τοὺς μαρτυρήσοντας τὰ ψευδῆ πολλοὺς

4 πεπορίσθαι. 6 δὲ πατὴρ οὗτος (εἰρήσεται γάρ)
ἅμα τῆς πενίας, ἧς ὑμεῖς ἅπαντες ἴστε, καὶ τοῦ
ἰδιώτης εἶναι φανερὰς ἔχων τὰς μαρτυρίας ἀγωνί-
ζεται" διατελεῖ γὰρ ἐν [Πειραιεὶ κηρύττων: τοῦτο
δ᾽ ἐστὶν οὐ μόνον ἀπορίας ἀνθρωπίνης τεκμήριον,
ἀλλὰ καὶ ἀσχολίας τῆς εἰς τὸ πραγματεύεσθαι:
ἀνάγκη γὰρ ἡμερεύειν ἐν τῇ ἀγορᾷ τὸν τοιοῦτον.
ἃ δεῖ λογιζομένους ἐνθυμεῖσθαι, ὅτι, εἰ μὴ τῷ
δικαίῳ ἐπιστεύομεν, οὐκ ἄν ποτ᾽ εἰσήλθομεν εἰς
ὑμᾶς.

Περὶ μὲν οὖν τῶν τοιούτων καὶ προϊόντος τοῦ

γου σαφέστερον ἀκούσεσθε: ὑπὲρ αὐτῆς δὲ τῆς

5
[1082] ,

διαμαρτυρίας Kal τοῦ ἀγῶνος ἤδη νομίζω δεῖν
> > : πὸ
διδάσκειν. εἰ μὲν οὖν, ὦ avdpes δικασταί, ἐκ τῆς
διαμαρτυρίας αὐτῆς Λεωχάρης ἤμελλεν ἀπολο-
΄ / ς " ey 7 > /
yovpevos δείξειν ὡς ἔστιν υἱὸς γνήσιος ᾿Αρχιάδου,
ΕῚ \ μ᾿ » ~ / 9.9 + « ~
οὐδὲν av ἔδει πολλῶν λόγων, οὐδ᾽ ἄνωθεν ὑμᾶς
> / \ I? A ι 7 / > \ \ \ A
6 ἐξετάζειν τὸ γένος TO ἡμέτερον: ἐπειδὴ δὲ TA μὲν
\
διαμεμαρτυρημένα ἕτερον τρόπον ἔχει, ὁ δὲ πολὺς
~ \
τοῦ λόγου τούτοις ἔσται ὡς εἰσεποιήθησαν, καὶ
\
κατὰ τὴν ἀγχιστείαν γνήσιοι ὄντες δικαίως ἂν
τῆς οὐσίας κληρονομοῖεν, ἀναγκαῖον, ὦ ἄνδρες
δικασταί, διὰ ταῦτα μικρῷ ἄνωθεν τὰ περὶ τοῦ
/ . - lal ν» \ ~ ~
γένους ὑμῖν διεξελθεῖν: ἐὰν yap τοῦτο σαφῶς
~ > ~ ~
μάθητε, οὐ μὴ παρακρουσθῆθ᾽ ὑπ᾽ αὐτῶν τῷ

128

AGAINST LEOCHARES, 3-6

never ceased to rely upon intrigue and the spending
of money, and very naturally in my opinion ; for
they readily make expenditures from funds which
belong to others, and so have provided themselves
with a host of people who will speak in their behalf
and give false testimony. My father here (for the
truth shall be told you) comes into court with manifest
signs that he is, as you are all aware, a poor man, and
that he knows nothing of pleading in court ; for he
has long been a public crier in Peiraeus, and this is
not only a sign of the poverty which is common to
man, but also of the fact that he has no time to
meddle with the law; for a man so employed has
to spend the whole day in the market-place. If you
bear this in mind, you will be forced to conclude that,
if we did not rely upon the justice of our cause, we
should never have come before you at all.

With reference to matters of this nature you will
gain clearer information in the course of my address,
but I think I must now inform you about the affidavit
and the case at issue. If, men of the jury, Leochares,
basing his defence upon the affidavit itself, were
going to prove that he is the lawfully born son of
Archiades, there would be no need of many words,
nor any need that I should trace our family line back
to its origin; but since the matters sworn to in the
affidavit are of a different nature, and most of the
arguments of our adversaries will be devoted to
proving that they were adopted and should properly
inherit the estate by right of descent as lawful chil-
dren, it is necessary for this reason, men of the jury,
to go back a little way and instruct you regarding
the pedigree ; for when you understand this matter
clearly, there will be no danger of your being misled

VOL. II K 129

ns

σι

DEMOSTHENES

v
TAdyw. ἔστι yap ὁ μὲν ἀγὼν οὑτοσὶ κλήρου δια-
/ > ~ A ε ~ A
δικασίας, ἀμφισβητεῖται δὲ παρὰ μὲν ἡμῶν κατὰ
γένος ἡ ἀγχιστεία, παρὰ δὲ τούτων κατὰ ποίησιν"
ὁμολογοῦμεν δ᾽ ἐναντίον ὑμῶν δεῖν τὰς ποιήσεις
κυρίας εἶναι, ὅσαι ἂν κατὰ τοὺς νόμους δικαίως
γένωνται. ὥστε ταύτας τὰς ὑποθέσεις μεμνη-
μένοι, ἂν δείξωσιν ὑμῖν διδόντας τοὺς νόμους
αὐτοῖς ἃ διαμεμαρτυρήκασι, ψηφίσασθε αὐτοῖς τὸν
8 κλῆρον. καὶ ἐὰν ἐκ μὲν τῶν νόμων μὴ ὑπάρχῃ,
δίκαια δὲ καὶ φιλάνθρωπα φαίνωνται λέγοντες,
καὶ οὕτω συγχωροῦμεν. ἵνα δ᾽ εἰδῆθ᾽ ὅτι κατὰ
γένος ἐγγύτατα ὄντες οὐ μόνον τούτῳ ἐνισχυρι-
/ θ ἰλλὰ \ ~ ΝΜ “ ~ A
ζόμεθα, ἀλλὰ Kai τοῖς ἄλλοις ἅπασι, πρῶτον μὲν
« \ > ~ ~ / e ~ 7 “ > ‘
[1083] ὑπὲρ αὐτοῦ τοῦ γένους ὑμᾶς διδάξομεν, ὅθεν ἐστὶν
ὁ κλῆρος: νομίζω γάρ, ἂν τούτῳ τῷ μέρει τοῦ
ἀγῶνος σαφῶς παρακολουθήσητε, καὶ τῶν ἄλλων
ὑμᾶς οὐδενὸς ἀπολειφθήσεσθαι.
| A > > ~ = + / /
9 To yap ἐξ ἀρχῆς, ὦ dvipes δικασταί, γίγνονται
> ΄, ~ >? - ca - LAN \
Εὐθυμάχῳ τῷ ᾿Οτρυνεῖ υἱεῖς τρεῖς, Μειδυλίδης καὶ
” \ > / \ / On Μ
Αρχιππος καὶ ᾿Αρχιάδης, καὶ θυγάτηρ 7 ὄνομα
ἦν ᾿Αρχιδίκη. τελευτήσαντος δὲ τοῦ πατρὸς αὖ-
- \ \ > / > / /,
τοῖς, τὴν μὲν ᾿Αρχιδίκην ἐκδιδόασι Λεωστράτῳ
> / > ~ \ ~ Μ ε A ”
Ἐλευσινίῳ, αὐτῶν δὲ τριῶν ὄντων ὁ μὲν ᾿Άρχιππος
᾿Ξ > / \ / > PA ς \
τριηραρχῶν ἐτελεύτησε τὸν βίον ev Μηθύμνῃ, ὁ δὲ
Μειδυλίδης οὐ πολλῷ χρόνῳ γαμεῖ ὕστερον Νίνησι-
10 μάχην Λυσίππου τοῦ Κριωέως θυγατέρα. καὶ
γίγνεται αὐτῷ θυγάτηρ “ὄνομα͵ Κλειτομάχη, ἣν
ἠβουλήθη μὲν ἐκεῖνος ἀγάμῳ τῷ ἀδελφῷ ὄντι τῷ

2 Otryné was a deme of the tribe Aegeis.
» Eleusis was a deme of the tribe Hippothontis.

130

AGAINST LEOCHARES, 7-10

by their arguments. Very well then, the case before
you is one to settle the title to aninheritance. Our
claim to the estate is based upon descent, theirs upon
adoption. We admit here in your presence that all
adoptions, if rightly made in accordance with the
laws, ought to be valid. Bear in mind, therefore, the
bases upon which our respective claims rest, and if
they prove to you that the laws grant what they have
sworn in their affidavit, adjudge the estate to them.
And even if they have not the support of the laws,
but it seems to you that what they say is in accordance
with justice and generosity, even so we withdraw our
claim. However, that you may know that, while we
are by descent the nearest of kin, we do not rest
our case upon this alone, but upon all the other
grounds as well, I will first instruct you regarding
the family itself from which the inheritance comes ;
for I am sure that, if you follow with clear under-
standing this phase of the matter at issue, you will
have no difficulty in grasping any of the other facts.

To go back to the beginning, men of the jury, there
were born to Euthymachus, of Otryné,¢ three sons,
Meidylides and Archippus and Archiades, and a
daughter whose name was Archidicé. After the
death of their father the brothers gave Archidicé in
marriage to Leostratus of Eleusis®; of the three
brothers Archippus lost his life at Methymna ὁ while
serving as trierarch, and Meidylides not long after-
ward married Mnesimaché, the daughter of Lysippus
of Crioa.? To him there was born a daughter, Cleito-
maché by name, whom he wished to give in marriage
to his own brother, who was still unmarried ; but since

© Methymna was a town in Lesbos.
4 Crioa was a deme of the tribe Antiochis.

131

7

eo)

DEMOSTHENES

ἑαυτοῦ ἐκδοῦναι: ἐπειδὴ δ᾽ ὁ ᾿Αρχιάδης οὐκ ἔφη
προαιρεῖσθαι γαμεῖν, ἀλλὰ καὶ τὴν οὐσίαν ἀνέμητον
διὰ ταῦτα συγχωρήσας εἶναι ᾧκει καθ᾽ αὑτὸν ἐν
τῇ Σαλαμῖνι, οὕτως ἤδη ὁ Μειδυλίδης ἐκδίδωσι
τὴν αὑτοῦ θυγατέρα ᾿Αριστοτέλει Παλληνεῖ, σῷ
πάππῳ τῷ ἐμῷ. καὶ γίγνονται ἐξ αὐτοῦ υἱεῖς
τρεῖς, ᾿Αριστόδημός τε οὑτοσὶ ὁ πατὴρ ὁ ἐμὸς καὶ
“Αβρώνιχος ὁ θεῖος καὶ Μειδυλίδης, ὃς νῦν τετελευ-
11 τηκὼς τυγχάνει. καὶ ἡ μὲν τοῦ γένους ἀγχιστεία
τοῦ ἡμετέρου, ἐν ᾧ ἐστιν ὁ κλῆρος, σχεδὸν οὕτως
ἔχει, ὦ «ἄνδρες, δικασταί. ᾿Αρχιάδῃ γὰρ πρὸς
ἀνδρῶν ἡμεῖς μὲν γένει ἐγγυτάτω, καὶ κατὰ τοῦ-
τον τὸν νόμον ἀξιοῦντες τῆς ἐκείνου οὐσίας κληρο-
νομεῖν καὶ τὸ γένος μὴ περιϊδεῖν ἐξερημωθέν,
ἐλάχομεν πρὸς τὸν ἄρχοντα τοῦ κλήρου: οὗτοι
ἔχοντες οὐ δικαίως τὰ χρήματα διαμεμαρτυρήκασι
[1084] νυνί, τὸ μὲν ὅλον ἰσχυριζόμενοι ποιήσει, φάσκοντες
12 δὲ καὶ συγγενεῖς εἶναι. περὶ μὲν οὖν ταύτης τῆς
ποιήσεως, ὃν τρόπον ἔχει, σαφῶς ὑμᾶς ὕστερον
διδάξομεν" περὶ δὲ τοῦ γένους, ὡς οὐκ εἰσὶν ἡμῶν
ἐγγυτέρω, τοῦτο δεῖ μαθεῖν ὑμᾶς. ἕν μὲν οὖν
ὁμολογεῖται, τὸ κρατεῖν τῶν κληρονομιῶν τοὺς
ἄρρενας καὶ τοὺς ἐκ τῶν ἀρρένων" ἁπλῶς γὰρ τοῖς
ἐγγυτάτω πρὸς ἀνδρῶν, ὅταν μὴ παῖδες ὦσιν, ὁ
νόμος τὰς κληρονομίας ἀποδίδωσιν. οὗτοι δ᾽
ἐσμὲν ἡμεῖς: ἄπαις μὲν γὰρ ὁ ᾿Αρχιάδης ὁμο-
λογεῖται τετελευτηκέναι, τούτῳ δὲ “πρὸς ἀνδρῶν
13 ἡμεῖς eopen ἐγγυτάτω. πρὸς δὲ καὶ ἐκ γυναικῶν
οἱ αὐτοὶ οὗτοι: 6 γὰρ Μειδυλίδης ἀδελφὸς ἦν τοῦ
᾿Αρχιάδου, τοῦ δὲ Μειδυλίδου θυγάτηρ ἡ τοῦ ἐμοῦ
πατρὸς μήτηρ, ὥστε γίγνεται ᾿Αρχιάδης, ὑπὲρ οὗ

182

AGAINST LEOCHARES, 10-13

Archiades declared that he did not wish to marry, and
for this reason allowed the property to remain un-
divided, and lived by himself in Salamis, Meidylides at
length gave his daughter in marriage to Aristoteles of
Pallené,? my grandfather. Of them were born three
sons, Aristodemus here, my father, and Habronichus,
my uncle. and Meidylides, who is nowdead. Our right
of inheritance, based on kinship in the family to which
the estate belongs, is, men of the jury, substantially
this. For we are the nearest of kin to Archiades in
the male line, and, as we deemed it right according
to this law that we should inherit his estate, and not
allow the family to be brought to extinction, we
brought suit for the inheritance before the archon.
Our opponents, who hold the property without right,
have now filed an affidavit of objections, basing their
entire claim upon adoption, but alleging also that they
are near of kin. Now, with regard to this adoption,
we will show you plainly later on what its character
was ; but with reference to blood relationship, I must
prove to you that they are not nearer of kin than we.
One thing is admitted, that in the matter of inheri-
tance males and those descended from males have the
precedence, for the law explicitly gives the inheri-
tance as their due to the nearest on kin in the male
line, when there are no children. Well, it is we who
answer this description ; for Archiades is admitted
to have died without issue, and we are the nearest of
kin to him in the male line. And furthermore, we
are also his nearest of kin in the female line; for
Meidylides was the brother of Archiades, and the
daughter of Meidylides was the mother of my father,
so that Archiades, for whose inheritance we are now

2 Pallené was a deme of the tribe Antiochis.

133

μ--
bo

DEMOSTHENES

τοῦ κλήρου τὴν ἐπιδικασίαν ποιούμεθα νυνί, θεῖος
τῇ τοῦ πατρὸς τοῦ ἐμοῦ μητρὶ ἐκ πατραδέλφων,
πρὸς ἀνδρῶν ἔχων τὴν συγγένειαν ταύτην καὶ οὐ
πρὸς γυναικῶν. “Λεώστρατος δ᾽ οὑτοσὶ γένει τε
ἀπωτέρω ἐστὶ καὶ πρὸς γυναικῶν. οἰκεῖος ᾿Αρχιάδῃ:"
ἡ γὰρ Λεωκράτους μήτηρ τοῦ τούτου πατρὸς
ἀδελφιδῆ ἢ ἦν τῷ ᾿Αρχιάδῃ ἐ ἐκείνῳ καὶ τῷ Μειδυλίδῃ,
ad? ὧν ἡμεῖς ὄντες ἀξιοῦμεν τῆς ᾿κληρονομίας
τυχεῖν.

14 [Πρῶτον μὲν οὖν, ὦ ἄνδρες δικασταί, τὸ γένος
ἡμῶν ὅτι οὕτως ἔχει, ὥσπερ καὶ λέγομεν, ἀναγνώ-
σεται ὑμῖν τὰς μαρτυρίας, ἔπειτα μετὰ ταῦτα τὸν
νόμον αὐτὸν τὸν τοῖς τε γένεσι καὶ τοῖς ἐγγυτάτω
πρὸς ἀνδρῶν τὰς κληρονομίας ἀποδιδόντα: τὰ γὰρ

[1086] κεφάλαια τοῦ ἀγῶνος, καὶ ὑπὲρ ὧν ὀμωμοκότες
οἴσετε τὴν ψῆφον, σχεδόν τι ταῦτ᾽ ἔστιν.
Καί μοι κάλει τούς τε μάρτυρας δευρὶ καὶ τὸν
νόμον ἀναγίγνωσκε.

MAPTYPES. ΝΟΜΟΣ

15 Τὰ μὲν τοίνυν περὶ τὸ γένος τό τε τούτων καὶ τὸ
ἡμέτερον οὕτως ἔχει, ὦ ἄνδρες δικασταί, ὥστε
τοὺς ἐπιδεδειχότας ἐξ αὐτῶν τῶν μαρτυριῶν ὡς
εἰσὶ γένει ἐγγυτέρω προσήκει κληρονομεῖν, καὶ μὴ
τὴν τοῦ διαμαρτυρήσαντος ἀπόνοιαν κρείττω τῶν
ὑμετέρων νόμων γενέσθαι. καὶ γὰρ εἰ τῇ ποιήσει
ἰσχυρίζονται, ἣν ὡς ἐγένετο ἡμεῖς δείξομεν, τε-
τελευτηκότος γε τοῦ εἰσποιηθέντος δήπου ἄπαιδος
καὶ τοῦ οἴκου μέχρι τῆς ἡμετέρας λήξεως ἐξηρημω-
μένου, πῶς οὐ προσήκει τοὺς ἐγγυτάτω γένει
ὄντας, τούτους τὴν κληρονομίαν κομίσασθαι, καὶ
184.

AGAINST LEOCHARES, 13-15

prosecuting our claim, is uncle (their fathers having
been brothers) to the mother of my father, having
this relationship in the male line, not in the female
line. But Leostratus here is in kinship further re-
moved, and is related to Archiades on the female side;
for the mother of Leocrates, the father of the defend-
ant, was niece to the Archiades in question and to
Meidylides, as descendants of whom we claim the
right to win the inheritance.

First, men of the jury, to prove that our pedigree
is as I have stated, the clerk shall read you the de-
positions, and thereafter the law itself which awards
inheritances to the families and to those nearest of
kin in the male line. For, I take it, these are the
essential points in the case and the matters upon
which you cast your vote under oath.

(To the clerk.) Call the witnesses up here, please,
and read the law.

Tue Witnesses. THe Law

Matters concerning their pedigree and concerning
ours, men of the jury, stand thus, and so it is right
that those who have proved on the basis of the affi-
davits themselves that they are nearer of kin, should
have the inheritance, and that the madness of the
one who made the affidavit of objections should not
prove stronger than your laws. For if they lay stress
on the adoption, the nature of which I shall make
clear to you, yet surely after the death without issue
of the adopted son, when the house up to the filing
of our suit had become extinct, it is right that those
who are nearest of kin should receive the inheritance,
and that you should give your aid, not to those

135

16

17

[1086]

18

DEMOSTHENES

~ \ ~
ὑμᾶς μὴ Tots δυναμένοις ἄριστα παρασκευάσασθαι,
> A ~ ~ ~ ~
ἀλλὰ τοῖς ἀδικουμένοις τῶν πολιτῶν βοηθεῖν; εἰ
μὲν οὖν ἐφ᾽ ἡμῖν ἦν, ὥστε δείξασι τὰ περὶ τοῦ
γένους καὶ τῆς διαμαρτυρίας αὐτῆς καταβῆναι
\
Kat μηδενὸς ἔτι πλείονος λόγου προσδεῖσθαι,
σχεδόν τι τῶν μεγίστων εἰρημένων οὐκ ἂν ἠνω-
χλοῦμεν τὰ πλείω. ἐπειδὴ δὲ οὗτοι τοῖς μὲν
νόμοις οὐκ ἐνισχυριοῦνται, τῷ δὲ προειληφέναι τι
~ v4 ’ ~ la ~
TOV πραγμάτων ἐκ τοῦ ἄνωθεν χρόνου καὶ τῷ
ἐμβεβατευκέναι εἰς τὴν οὐσίαν, τούτοις τεκμηρίοις
χρώμενοι φήσουσι κληρονομεῖν, ἀναγκαῖον ἴσως
καὶ περὶ τούτων ἐστὶν εἰπεῖν, καὶ δεῖξαι τούτους
πάντων ἀνθρώπων βιαιοτάτους ὄντας.
A A > τὶ ~ Ss + / > /
To yap ἐξ ἀρχῆς, ὦ ἄνδρες δικασταί, ἐκδιδόασι
νὴ > A \ ε ~ ε 7 A ε
τὴν ἀδελφὴν τὴν ἑαυτῶν ὁ Μειδυλίδης καὶ ὁ
‘A / ἵ » ἣ Yd A δ A ~
ρχιάδης Λεωστράτῳ Ἐλευσινίῳ: μετὰ δὲ ταῦτα
ἐκ θυγατρὸς τῆς exdobetons ἀδελφῆς ταύτης av-
τῶν γίγνεται Λεωκράτης ὁ πατὴρ Λεωστράτου
τουτουί, σκέψασθε ὡς πολλοστὸς εἰς τὴν τοῦ
pA ιάδου συγγένειαν προσήκων, ὑπὲρ οὗ T ὴν δια-
γγέ ρ
μαρτυρίαν πεποίηνται. τούτων δ᾽ οὕτως ἐχόντων,
ὁ μὲν ᾿Αρχιάδης οὐκ ἐγάμει, ὁ δὲ Μειδυλίδης ὁ
ἀδελφὸς αὐτοῦ, πάππος δὲ τουτουὶ ἔγημεν. καὶ
οὐδέπω τὴν οὐσίαν ἐνέμοντο, ἀλλ᾽ ἑκάτερος ἔχων
Nee Nubxe \ Ἷ , > aA ,
τὰ ἱκανὰ ὁ μὲν Μειδυλίδης ἐν τῷ ἄστει διέμενεν,
ὁ δ᾽ ᾿Αρχιάδης ἐν Σαλαμῖνι ᾧκει. οὐ πολλῷ δὲ
,ὔ,
χρόνῳ ὕστερον ἀποδημίας τινὸς εἰς τὴν ὑπερορίαν
συμβάσης τῷ Μειδυλίδῃ τῷ πάππῳ τῷ τοῦ πατρός,
ἠρρώστησεν ὁ ᾿Αρχιάδης, καὶ τελευτᾷ τὸν βίον
ἀπόντος τοῦ Μειδυλίδου ἄγαμος ὦν. τί τούτου
σημεῖον; λουτροφόρος ἐφέστηκεν ἐπὶ τῷ τοῦ

136

AGAINST LEOCHARES, 15-18

citizens who are able to get up the strongest backing,
but to those who are suffering wrong. If it had been
in our power, after setting forth matters regarding the
pedigree and the affidavit itself, to leave the platform,
and to have no need of further words, since practi-
cally the most important arguments would have been
advanced, we should not trouble you further. But
since our opponents will not rely upon the laws, but
through having forestalled us and got some control
of the Seeman long ago, and through having entered
into possession of the estate, will use these facts as
proofs, and declare that they are the heirs, it is
perhaps necessary to discuss these matters as well,
and to prove that of all humankind our opponents are
the most arbitrary.

To go back to the beginning, men of the jury,
Meidylides and Archiades gave their sister in mar-
riage to Leostratus of Eleusis; and after a time
from this sister of theirs, thus given in marriage,
there was born Leocrates, the father of the de-
fendant Leostratus; observe how distantly related
he is to Archiades, regarding whom they have
filed the affidavit of objections. When matters
were as I have stated, Archiades did not marry,
but his brother Meidylides, the grandfather of my
father here, did marry. They made as yet no
division of the property, but, both having enough
to live on, Meidylides continued to live in the city,
and Archiades made his home in Salamis. Not
long afterward, when Meidylides, my father’s grand-
father, happened to go on a journey out of the
country, Archiades fell sick, and died during the
absence of Meidylides, being still unmarried. Shae
is the proof of this? A eden bearing an urn for

137

--

6

DEMOSTHENES

19 ᾿Αρχιάδου τάφῳ. ἐν δὲ τούτῳ τῷ καιρῷ ἔχων

τὴν τῆς συγγενείας τῆς πρὸς γυναικῶν πρόφασιν
Λεὼκ dr ς ὁ τουτουὶ TAT Λεώστ, ἅάτου εἰσποιεῖ
7) ἢ
αὑτὸν υἱὸν τῷ ᾿Αρχιάδῃ, καὶ ἐνεβάτευσεν εἰς τὴν
> / ς c > > ~ ” > /
οὐσίαν ws ὑπ᾽ ἐκείνου ζῶντος ἔτι εἰσποιηθείς.
> ,ὔ 3 « / > / ~
ἀφικόμενος δ᾽ ὁ Μειδυλίδης ἠγανάκτει τε τῷ
γεγενημένῳ καὶ οἷος ἦν ἐπεξιέναι TH Λεωκράτει:"
πειθόντων δὲ τῶν οἰκείων καὶ δεομένων ἐᾶν ἐν τῷ
οἴκῳ εἶναι τὸν Λεωκράτην υἱὸν εἰσποιητὸν τῷ
᾿Αρχιάδῃ, συνεχώρησεν ὃ Μειδυλίδης, οὐχ ἡττη-
θεὶς ἐν δικαστηρίῳ, ἀλλὰ τὸ μὲν ὅλον. ὑπὸ τούτων
ἀπατηθείς, ἔπειτα μέντοι καὶ τοῖς οἰκείοις πιθό-

20 μενος. καὶ ὁ μὲν Μειδυλίδης ταῦτα πράξας

[1087]

τελευτᾷ τὸν βίον, ὁ δὲ Λεωκράτης εἶχε τὴν τοῦ
᾿Αρχιάδου οὐσίαν καὶ ἐκληρονόμει πολλὰ ἔτη ὡς
ὧν ἐκείνου υἱὸς ποιητός: ἡμεῖς δὲ παρὰ τὸ τὸν
Μειδυλίδην ταῦτα συγχωρῆσαι ἡσυχίαν εἴχομεν.
χρόνῳ δ᾽ ὕστερον οὐ πολλῷ--τοῖς γὰρ μετὰ ταῦτα
λόγοις ἤδη «σφόδρα τὸν νοῦν προσέχετε, ὦ ἄνδρες
ικασταί: ὃ γὰρ Λεωκράτης ὁ εἰσποιητὸς yevo-
evos τῷ “Apyiadn, ἐ καταλιπὼν τουτονὶ Λεώ-
ie 5 ” ; εν
στρατον ἐν τῷ οἴκῳ υἱὸν γνήσιον, ἐπανῆλθεν αὐτὸς
> \ > 5 ΠΣ “ Ὅν \ > > ~ \
ets τοὺς ᾿Βλευσινίους, ὅθεν ἦν τὸ ἐξ ἀρχῆς. καὶ
9᾽ > “29 ᾽ / € “- δὲ ~ \ A
οὐδ᾽ ἐνταῦθ᾽ οὐδέπω ἡμεῖς οὐδὲν τῶν περὶ TOV
κλῆρον ἐκινοῦμεν, ἀλλ᾽ ἐμένομεν ἐπὶ τῶν αὐτῶν.
πάλιν τοίνυν Λεώστρατος αὐτὸς οὑτοσί, εἰσποιητὸς
“ e\ \ > \ > ~ ~ >? /
ὧν υἱὸς καὶ ἐγκαταλειφθεὶς ἐν τῷ τοῦ ᾿Αρχιάδου
\ lo
οἴκῳ, ἐπανέρχεται, ὥσπερ ὃ πατὴρ αὐτοῦ, ἐπὶ τοὺς
«
᾿Ελευσινίους, ἐγκαταλιπὼν υἱὸν γνήσιον καὶ διὰ

2 We are told by Pollux (Onomasticon viii. 66) that the
figure of a maiden bearing a water-pitcher was placed over

138

AGAINST LEOCHARES, 19-22

water ἃ stands upon the tomb of Archiades. At this 19
juncture Leocrates, the father of Leostratus here, on
the pretext of his relationship on the female side, got
himself adopted as son to Archiades, and so entered
into possession of the estate, as though he had been
adopted by Archiades during his lifetime. When
Meidylides returned, he was incensed at what had
been done, and was in a mood to enter suit against
Leocrates ; but under the persuasion of his relatives
and their pleas that he should suffer Leocrates to
remain in the family as the son by adoption of
Archiades, he yielded the point,—not through losing
his case in court, but absolutely through being de-
ceived by these men here and partly also through
giving way to the persuasion of his relatives. After 20
this experience Meidylides died, and Leocrates con-
tinued in possession of the estate of Archiades,
and conducted himself as heir for many years, as
being his adopted son ; and we, on our part, inasmuch

as Meidylides had made this concession, refrained
from action. No long time afterwards, however,—
and now, men of the jury, pay close heed to what I
am about to say—Leocrates, who had become son 21
by adoption to Archiades, himself returned to the
Eleusinians, to whom he originally belonged, leaving
Leostratus here in the family as a lawfully born son.
Even then we did not as yet disturb any of the
arrangements regarding the estate, but continued as
before. Well now, Leostratus here, although he was :
an adopted son and had been left in the family of
Archiades, himself returned, as his father had done,
to the Eleusinians, leaving in his place a lawfully

bo
bo

the tombs of men who died unmarried. Other authorities
state that the figure was that of a youth, not of a maiden.

139

DEMOSTHENES

τριῶν σωμάτων κυρίαν τὴν ἐξ ἀρχῆς ποίησιν παρὰ

28 τοὺς νόμους καταστήσας. πῶς “γὰρ οὐ παρὰ τοὺς

24

[1088]

25

νόμους, ὁπότ᾽ εἰσποιητὸς αὐτὸς ὧν εἰσποιητοὺς
υἱοὺς ἐγκαταλείπων ἐπανήει; καὶ τοῦτο διατε-
τέλεκε ποιῶν μέχρι ταύτης τῆς ἡμέρας, καὶ διὰ
τούτου τοῦ “τρόπου τὴν κληρονομίαν ἡμῶν ἀπο-
στερήσειν οἴονται, ἐνεργαζόμενοι μὲν καὶ ἐμπαιδο-
τροφούμενοι τῇ τοῦ ᾿Αρχιάδου οὐσίᾳ, ἐπανιόντες
δ᾽ ἐπὶ τὴν πατρῴαν οὐσίαν ἐκεῖθεν ἀεί, κἀκείνην
μὲν ἀκέραιον φυλάττοντες, ταύτην δ᾽ ἀναλίσκοντες.

᾿Αλλ᾽ ὅμως τούτων τοιούτων ὄντων, ὅπερ εἶπον,
ἡμεῖς ὑπεμένομεν ἅπαντα. μέχρι τίνος; ἕως ὁ
Λεωκράτης 6 ὑπὸ Λεωστράτου ἐν τῷ οἴκῳ τῷ
᾿Αρχιάδου ἐγκαταλειφθεὶς υἱὸς τετελεύτηκεν ἄπαις.
τούτου δὲ ἄπαιδος τετελευτηκότος, ἀξιοῦμεν ἡμεῖς
οἱ γένει ἐγγυτάτω ὄντες ᾿Αρχιάδῃ κληρονομεῖν τῆς
οὐσίας, καὶ μὴ τοῦτον τῷ τετελευτηκότι τῷ αὐτῷ
εἰσποιητῷ ὄντι υἱὸν εἰσποιεῖν ἐπ᾿ ἀποστερήσει τῶν
ἡμετέρων. εἰ μὲν γὰρ αὐτὸς ζῶν ἐποιήσατο,
καίπερ ὄντος παρὰ τὸν νόμον τοῦ ἔργου, οὐκ ἂν
ἀντελέγομεν" ἐπειδὴ δ᾽ οὔτε “γόνῳ ἦν αὐτῷ υἱὸς
οὐδεὶς οὔτ᾽ ἐποιήσατο ζῶν, ὁ δὲ νόμος τοῖς ἐγ-
γυτάτω γένους τὰς κληρονομίας ἀποδίδωσι, πῶς
οὐ δίκαιοί ἐσμεν ἡμεῖς τούτων μὴ ἀποστερηθῆναι
κατ᾽ ἀμφότερα; καὶ γὰρ τῷ ᾿Αρχιάδῃ, οὗ ἦν ἡ
οὐσία τὸ ἐξ ἀρχῆς, ἐγγυτάτω γένει ἐσμὲν καὶ τῷ
εἰσποιγτῷ Λεωκράτει: τοῦ μὲν γὰρ ὁ πατὴρ
ἐπανεληλυθὼς εἰς τοὺς ᾿Βλευσινίους οὐκέτι τὴν
κατὰ τὸν νόμον οἰκειότητα ἔλιπεν αὑτῷ, ἡμεῖς δέ,

2 This does not indicate a mere change of residence. He
renounced his membership in the deme Otryné, and resumed

140

AGAINST LEOCHARES, 22-26

born son, and, in defiance of the laws, setting up the
original adoption as valid through the lives of three
persons. For how could it be other than contrary to
the laws, when one, being himself an adopted son,
returned to his original family leaving adopted sons
in his place? That is what leeerenene has done up
to this day, and by this means they think to rob us
of our inheritance, making profit from the estate of
Archiades, and supporting their children by it, and
always returning from it to the estate of their fathers,
keeping that intact, while spending the other.
Nevertheless, although matters were in this con-
dition, as I have told you, we submitted to every-
thing. Until when? Until Leocrates, who had
been left by Leostratus in the house as a son, died
without issue. But since he died without issue, we,
who are nearest of kin to Archiades, claim to in-
herit the property ; and we claim that the defendant
cannot, in order to rob us of what is ours, give an
adopted son to the dead man who was himself adopted.
For if Leocrates had himself adopted a son during
his lifetime, even though the action was contrary to
law, we should have made no protest ; but since he
had no son born to him, nor had adopted one during
his lifetime, and as the law gives inheritances to the
nearest of kin, how can it be other than right that we
should not be robbed of this inheritance, to which we

have a double title? For we are nearest of kin to :

Archiades, to whom the property originally belonged,
and also to the adopted Leocrates ; for his father,
seeing that he has returned to the Eleusinians,* no
longer retained his legal relationship, whereas we, to

membership in the Eleusinian deme. By so doing, he re-
linquished the former legal relationship.

141

bo
or

bo

27

[1089]

29

DEMOSTHENES

3 e > ~
παρ᾽ ols ἣν ev τῷ γένει, τὴν ἀναγκαιοτάτην συγ-
A 5»
γένειαν εἴχομεν, ὄντες ἀνεψιαδοῖ ἐκείνῳ. ὥστ᾽ εἰ
\ / a? / ~ + > ~
μὲν βούλει, τοῦ ᾿Αρχιάδου συγγενεῖς ὄντες ἀξιοῦμεν
κληρονομεῖν, εἰ δὲ βούλει, τοῦ Λεωκράτους: τετε-
λευτηκότος γὰρ ἄπαιδος αὐτοῦ, οὐδεὶς ἡμῶν γένει
2 >
ἐγγυτέρω ἐστί. καὶ διὰ μὲν σέ, ὦ Λεώστρατε,
ὁ οἶκος ἐξηρήμωται-: τῆς γὰρ οὐσίας τὴν οἰκειότητα,
οὐ τῶν ἀνδρῶν τῶν ποιησαμένων διετήρεις. ἕως
μέν γε τελευτήσαντος τούτου οὐδεὶς ἠμφεσβήτει
~ / > / >’ , ~ > / cs
τοῦ κλήρου, οὐδένα εἰσεποίεις TH ᾿Αρχιάδῃ υἱόν"
> A -
ἐπειδὴ δ᾽ ἡμεῖς συγγενεῖς ὄντες ἥκομεν εἰς τὸ
μέσον, τηνικαῦτα εἰσποιεῖς, ἵνα τὴν οὐσίαν κατά-
\ \ \ > \ > ~ > /
oxns. Kal φὴς μὲν οὐδὲν εἶναι τῷ ᾿Αρχιάδῃ,
πρὸς ὃν εἰσεποιήθης, διαμαρτυρεῖς δὲ πρὸς ἡμᾶς,
τὸ ὁμολογούμενον γένος ἐξελαύνων: εἰ γὰρ μηδέν
ἐστιν ἐν τῷ οἴκῳ, τί σὺ ἐλαττοῖ τοῦ μηδενὸς ἡμῶν
΄ὔ 3 \ \ ε > / \ ς
κληρονομησάντων; ἀλλὰ γὰρ ἡ ἀναίδεια καὶ ἡ
~ > /
πλεονεξία τοιαύτη ἐστὶν αὐτοῦ, ὦ ἄνδρες δικασταί,
σ ΕῚ ¢ A cal > > / \ /
ὥσθ᾽ ἡγεῖσθαι δεῖν ἐν ᾿᾿λευσινίοις τε τὴν πατρῴαν
3 / > \ ” 209: A > 5 / \
οὐσίαν ἐπανελθὼν ἔχειν, ἐφ᾽ a τ᾽ εἰσεποιήθη, μὴ
ὄντος ἐν τῷ οἴκῳ υἱοῦ, καὶ τούτων κύριος γενέσθαι.
καὶ ταῦτα πάντα ῥᾳδίως διοικεῖται: πρὸς γὰρ
ἀνθρώπους ἡμᾶς πένητας καὶ ἀδυνάτους ἔχων
ἀναλίσκειν ἐκ τῶν ἀλλοτρίων πολὺ περίεστιν.
διόπερ οἶμαι ὑμᾶς δεῖν βοηθεῖν τοῖς μὴ πλεονε-
κτῆσαί τι βουλομένοις, ἀλλ᾽ ἀγαπῶσιν ἐάν τις
ἡμᾶς τῶν νόμων ἐᾷ τυγχάνειν. τί γὰρ δεῖ ποιεῖν
ἡμᾶς, ὦ ἄνδρες δικασταί; διὰ τριῶν τῆς ποιήσεως
ἐμμενούσης, καὶ τοῦ τελευταίου ἐγκαταλειφθέντος,

142

AGAINST LEOCHARES, 26-29

whose family he had come to belong, had the closest
relationship, being children of that father’s first
cousin. So, if you like, we claim the inheritance as
kinsmen of Archiades, or, if you like it better, as
kinsmen of Leocrates; for since he died without

issue, no one is nearer of kin than we. So far as you :

are concerned, Leostratus, the family has become
extinct ; for you sought to maintain a relationship
with the property, not with those who adopted you.
After the death of Leocrates, so long as no one laid
claim to the estate, you sought to get no one adopted
as ason to Archiades ; but now that we have come for-
ward as kinsmen, then you get one adopted, that you
may get possession of the property. And you declare
that Archiades, into whose house you were adopted,
had no property, yet you file an affidavit of objections
against us, seeking to exclude his acknowledged
kindred. If there is nothing in the estate, wherein
do you suffer loss, if we inherit this nothing? But
the fact is, men of the jury, that his impudence and
greed are such that he thinks it is legitimate for him
to return to the Eleusinians and retain the estate of
his fathers, and at the same time to be master of that
into which he was introduced by adoption, there being
no son in the family. And all this he easily managed,
for over us, who are poor men and men without
influence, he has a great advantage, since he is able
to spend what belongs to others. 1 consider, there-
fore, that it is your duty, men of the jury, to give aid
to us who are not seeking to gain an advantage over
others, but who are Content if we are allowed to win
our legal rights. For what are we to do, men of
the jury ? When the adoption has been continued
through three persons, and the one last left in the

143

bo
.1

29

90

91

[1090]

92

DEMOSTHENES

εἶ / ᾿Ξ
τούτου ἄπαιδος τετελευτηκότος, μὴ κομίσασθαι τὰ
~ ~ Yj
ἡμέτερ᾽ αὐτῶν χρόνῳ ποτέ; τοῦτο τοίνυν ἔχοντες
τὸ δίκαιον ἐλάχομεν τοῦ κλήρου πρὸς τὸν ἄρχοντα.
οὑτοσὶ δὲ Λεωχάρης προπετῶς διαμαρτυρήσας τὰ
ψευδῆ, οἴεται δεῖν παρὰ πάντας τοὺς νόμους
ἀποστερῆσαι ἡμᾶς τῆς κληρονομίας.
Πρῶτον μὲν οὖν, ὅτι τά τε περὶ τὰς ποιήσεις καὶ
ΕΣ
τὸ γένος τὸ τούτων ἀληθῆ εἰρήκαμεν, καὶ ἡ λουτρο-
~ ~ /
φόρος ἐφέστηκεν ἐπὶ τῷ τοῦ ᾿Αρχιάδου μνήματι,
ταύτας ὑμῖν τὰς μαρτυρίας βουλόμεθ᾽ ἀναγνῶναι"
” > ” \ Νὰ \ ~ / e ~
ἔπειτ᾽ ἤδη Kal τὰ λοιπὰ σαφῶς διδάξομεν ὑμᾶς,
a > > /, / \ ~
ὥστ᾽ ἐξελέγξαι τούτους τὰ ψευδῆ διαμεμαρτυ-
ρηκότας.
/ \ \ / Δ /
Kai μοι λαβὲ τὰς μαρτυρίας ἃς λέγω.

MAPTYPIAI

‘O μὲν τοίνυν τοῦ πράγματος λόγος Kal TO
ἁπλοῦν δίκαιον περὶ τῆς κληρονομίας οὕτως ἔχει,
ὦ avopes δικασταΐ, τῶν τε πεπραγμένων ἐξ ἀρχῆς
αὐτὰ τὰ κεφάλαια σχεδόν τι ἀκηκόατε. ἃ δὲ μετὰ
τὴν τοῦ κλήρου λῆξιν πεποιήκασι καὶ ὃν τρόπον
ἡμῖν κεχρημένοι εἰσίν, ἀναγκαῖον νομίζω εἰπεῖν"
οἶμαι γὰρ περὶ κλήρου ἀγῶνα μηδένας ἄλλους
παρανενομῆσθαι οἷα ἡμᾶς. ἐπειδὴ γὰρ ἐτελεύ-
τησεν ὁ Λεωκράτης καὶ ἡ ταφὴ ἐγένετο αὐτῷ,
πορευομένων ἡμῶν εἰς τὰ κτήματα διὰ τὸ ἀπαιδά
τε τὸν ἄνδρα καὶ ἄγαμον τετελευτηκέναι, ἐξήγαγε
Λεώστρατος οὑτοσὶ φάσκων αὑτοῦ εἶναι. καὶ τὸ
μὲν ποιεῖν τι τῶν νομιζομένων κωλῦσαι ἡμᾶς τῷ
τετελευτηκότι, πατὴρ ὧν αὐτὸς ἐκείνου, ἔχει λόγον,
144.

AGAINST LEOCHARES, 29-32

family has died without issue, are we not at the last to
recover what is our own? Well then, having this just
claim, we brought suit for the inheritance before the
archon. But this fellow Leochares here, having lightly
sworn a false affidavit, thinks that he has the right to
rob us of the inheritance in defiance of all the laws.
First, then, to prove that what we have stated 30

about the adoptions and the pedigree of these men is
true, and that the water-bearer does stand upon the
tomb of Archiades, we wish to read to you these
depositions. After that we will instruct you plainly
regarding the remaining matters as well, and so con-
vict our opponents of having sworn a false affidavit.

(To the clerk.) Take, please, the depositions of
which I speak.

Tue DeposirTions

Such is the real meaning of this affair, men of the 31
jury, and such the legal rights of inheritance, plainly
stated ; and you have also heard what amounts to a
summary of all that has been done from the start.
But I consider it necessary to tell you also of what
they have done since the suit for the inheritance was
instituted, and the manner in which they have
treated us ; for in my opinion no other people have
ever in an inheritance suit been dealt with in a
manner so contrary to law as we have been. For 32
when Leocrates died, and his funeral had taken place,
and we went to take possession of his property, since
he had died without issue and unmarried, Leostratus
here ejected us, declaring that it belonged to him.
Now his preventing us from performing any of the
proper rites for the deceased is perhaps to be ex-
cused, seeing that he was his father, although the

VOL. II L 145

99

94

[1091]

90

86

DEMOSTHENES

A ~ /
καίπερ ὄντος παρανόμου τοῦ ἔργου: τῷ γὰρ φύσει
πατρὶ Ths ταφῆς τὴν ἐπιμέλειαν παραδίδοσθαι
εἰκός ἐστιν, ἔπειτα μέντοι καὶ τοῖς οἰκείοις ἡμῖν,
ὧν ἦν συγγενὴς κατὰ τὴν ποίησιν ὁ τετελευτηκώς.
> \ a
ἐπεὶ δὲ τὰ νομιζόμενα ἐγένετο, κατὰ ποῖον νόμον
φανεῖται ἐρήμου ὄντος τοῦ οἴκου τοὺς ἐγγυτάτω

A
γένους ἡμᾶς ἐξαγαγὼν ἐκ τῆς οὐσίας; ὅτι
Δία “πατὴρ ἣν τοῦ τετελευτηκότος. ἀπεληλυθώς

εἰς τὸν πατρῷον οἶκον καὶ οὐκέτι τῆς οὐσίας,
5.15 e > / 5 A Cid 7, ” > \ /
ἐφ᾽ ἡ ἐγκατέλιπε τὸν υἱόν, κύριος wy: εἰ δὲ μή,
τί τῶν νόμων ὄφελος; γενομένης οὖν τῆς ἐξαγω-
γῆς, ἵνα τὰ πλεῖστα παραλίπω, ἐλάχομεν πρὸς τὸν
ἄρχοντα τοῦ κλήρου, οὔτε γόνῳ, ὥσπερ εἶπον,
«ε ~
υἱέος οὐδενὸς ὄντος τῷ τετελευτηκότι, οὔτ᾽ εἰσποιη-
τοῦ γεγενημένου κατὰ τοὺς νόμους. μετὰ δὲ
ταῦτα Λεώστρατος οὑτοσὶ παρακαταβάλλει ὡς
e\ > 7 > / > > / wf)?
υἱὸς ᾿Αρχιάδου ἐκείνου, οὐκ ἐπιλογισάμενος οὔθ
Ld > / > \ > ,ὔ Μ“ἶἷΩ9 “
ὅτι ἐπανεληλύθει εἰς τοὺς ᾿᾿λευσινίους, οὔθ᾽ ὅτι
« > \ > > \ ¢€ > ¢ “ 5 > c \ ~
οἱ εἰσποιητοὶ οὐκ αὐτοὶ ὑφ᾽ αὑτῶν, ἀλλ᾽ ὑπὸ τῶν
> ~
εἰσποιουμένων καθίστανται" ἀλλὰ yap, οἶμαι, ἁπλοῦν
τι διελογίσατο, δεῖν αὑτὸν καὶ δικαίως καὶ ἀδίκως
ἀμφισβητεῖν τῶν ἀλλοτρίων. καὶ πρῶτον μὲν
> e 5
ἐλθὼν οἷος ἦν εἰς τὸν ᾿Οτρυνέων πίνακα τὸν ἐκ-
\ > / ς \ > / ” \
κλησιαστικὸν ἐγγράφειν αὑτὸν ἘΒλευσίνιος ὦν, καὶ
τοῦτο διῳκεῖτο, ἔπειτα, πρὶν ἐγγραφῆναι καὶ ἐν
τῷ ληξιαρχικῷ γραμματείῳ τῷ τῶν ᾿Οτρυνέων,
μετέχειν τῶν κοινῶν, τηλικαύτην παρανομίαν προ-
αἱρούμενος παρανομεῖν ἕνεκα πλεονεξίας. αἰσθό-

« This was a list of all those who had the right to vote in
the popular assembly (ἐκκλησία).

> This was the official list of the members of the deme, in
which every young man who passed the scrutiny was regis-

146

AGAINST LEOCHARES, 32-35

act was contrary to law; for it is proper that the
care of the funeral should be committed to the
natural father, but, next after him, also to us the
members of the family to whom the deceased was
related by virtue of the adoption. But after the
funeral rites were finished, what law will be found to
justify him, when the family was extinct, in driving us,
the nearest of kin, from the estate of the deceased?
Because, they will say, he was father to the dead
man. Yes, but he had returned to the family of his
fathers, and was no longer master of the estate over
which he had left his son in charge. Otherwise what
is the use of the laws? Well, after our ejectment
had taken place (to omit most of the details) we
brought suit for the inheritance before the archon,
inasmuch as the deceased had no son, as I stated,
and had not adopted any according to the laws.
After this, Leostratus here made a deposit for costs,
as being the son of the aforesaid Archiades, not
taking into account that he had returned to the
Eleusinians, or that adopted children are made such,
not by themselves but by those who adopt them.
But the truth is, I presume his one simple idea was
that he must by fair means or foul lay claim to the
property of others. And first he had the audacity
to go and enrol himself on the assembly list “ of the
Otrynians, although hewas an Eleusinian, and man-
aged to put this through; then, before his name
was entered on the adult register ὃ of the Otrynians,
he sought to claim a share in the public benefits in
flagrant defiance of law, because of his greed for

tered when he reached the age of eighteen. Each deme had
its own assembly, presided over by the demarch, or borough-
president.

147

94

DEMOSTHENES

> « A
μενοι δ᾽ ἡμεῖς μαρτύρων ἐναντίον ἐκωλύσαμεν
\ / a ~ ~
TO γιγνόμενον, καὶ φόμεθα δεῖν κριθῆναι πρῶτον
\ ~
τὴν κληρονομίαν παρ᾽ ὑμῖν, πρὶν ἐπὶ TO ὄνομά τινα
\ PS: / > ΄ \ \ ‘\
τὸ τοῦ ᾿Αρχιάδου εἰσποιηθῆναι. κωλυθεὶς δὲ καὶ
> ~ ΄ ~
ἐξελεγχθεὶς πρὸς τῷ πίνακι Kal ev TH τῶν ἀρχόντων
ἀγορᾷ ὅτι ἠδίκει πολλῶν ἐναντίον, weTo δεῖ δὲν
γορᾷ ὅτι ἡ lov, ᾧετο δεῖν μη
- / ΝΣ -
ἧττον βιάζεσθαι καὶ κρείττων ταῖς παρασκευαῖς
87 τῶν ὑμετέρων νόμων γενέσθαι. τί τούτου τεκ-
/ ~
μήριον; συναγαγών twas τῶν ᾿Οτρυνέων ὀλίγους
καὶ τὸν δήμαρχον πείθει, ἐπειδὰν ἀνοιχθῇ τὸ γραμ-
ματεῖον, ἐγγράψαι αὑτόν. καὶ μετὰ ταῦτα ἧκε
Παναθηναίων ὄντων τῶν μεγάλων τῇ διαδόσει πρὸς
\ / \ > \ 6 »Μ / > /
τὸ θεωρικόν, Kal ἐπειδὴ οἱ ἄλλοι δημόται ἐλάμ-
> / \ ε ~ / \ > ~
Bavov, ἠξίου καὶ αὑτῷ δίδοσθαι καὶ ἐγγραφῆναι
εἰς τὸ γραμματεῖον ἐπὶ τὸ τοῦ ᾿Αρχιάδου ὄνομα.
διαμαρτυρομένων δὲ ἡμῶν, καὶ τῶν ἄλλων δεινὸν
φασκόντων εἶναι τὸ γιγνόμενον, ἀπῆλθεν οὔτ᾽
> \ ” A A 4
ἐγγραφεὶς οὔτε TO θεωρικὸν λαβών.
\ A \ \ / \ ε / 9 ~
Tov δὲ παρὰ τὸ ψήφισμα τὸ ὑμέτερον ἀξιοῦντα
τὸ θεωρικὸν λαμβάνειν, πρὶν ἐγγραφῆναι εἰς τοὺς
᾽᾿Οτρυνέας, ὄντα ἐξ ἑτέρου δήμου, τοῦτον οὐκ
οἴεσθε τοῦ κλήρου παρὰ τοὺς νόμους ἀμφισβητεῖν;
ἢ τὸν πρὸ τῆς τοῦ δικαστηρίου γνώσεως οὕτως
ἀδίκους πλεονεξίας διοικούμενον, τοῦτον πῶς εἰκὸς

38
[1099]

τῷ πράγματι πιστεύειν; ὁ γὰρ τὸ θεωρικὸν
5 / > 7 / \ \ ~ /
ἀδίκως ἀξιώσας λαμβάνειν καὶ περὶ τοῦ κλήρου

α« The great Panathenaea, the most important of all
Athenian festivals, was held every four years in the month
Hecatombaeon (July).

148

AGAINST LEOCHARES, 36-38

gain. We,seeing what was going on, called witnesses
and put a stop to it, holding the view that it was
necessary that the right of inheritance should first
be decided in your court before anyone should be
named as the adopted son of Archiades. He was
thwarted then, and convicted in the presence of many
witnesses of fraudulent action, both in the matter of
the list, and in the assembly for the election of the
deme’s officers, yet nevertheless he persisted in trying
to force his way in, and by his intrigues to prove him-
self stronger than your laws. What is the proof of
this ? He got together some of the Otrynians with
the demarch, and persuaded them at the opening of
the adult register to inscribe his name. And after
that on the occasion of the great Panathenaea “ at the
time of the distribution, he came to get his admis-
sion fee, and when the other demesmen were receiv-
ing it, he demanded that it be given him also, and that
he should be entered on the register under the name
of Archiades. But when we entered a solemn protest,
and all the others declared that what he was doing
was an outrage, he went away without either having
his name inscribed or receiving the admission fee.
Now do you not think that a man, who in defiance
of your decree claimed the right to receive the ad-
mission fee before his name had been inscribed on
the list of the Otrynians, belonging as he did to
another deme, would lay claim to an inheritance in
defiance of the laws? Or when a man, before the
court has rendered its decision, schemes to get advan-
tages so unjust, can you think it reasonable to
assume that he relies upon the justice of his case ?
For he, who fraudulently claimed the right to receive
the admission fee, has now obviously practised the

149

36

37

99

40”

41

42
[1098]

DEMOSTHENES

τῇ αὐτῇ διανοίᾳ δῆλον ὅτι κέχρηται νυνί. ἀλλὰ
μὴν καὶ τὸν ἄρχοντά Ἃ ἐξηπάτησε παρακατα-
βάλλων πρὸς ἡμᾶς καὶ ἀντεγράψατο ᾿Οτρυνεὺς
εἶναι ἐν ᾿Ελευσινίοις δημοτευόμενος. ἐπειδὴ τοίνυν
τούτων πάντων ἀπετύγχανε, ταῖς παρελθούσαις
5 / / / / ~
ἀρχαιρεσίαις ταύταις παρασκευασάμενός τινας τῶν
ημοτῶν ἠξίου οὗτος ἐγγράφεσθαι ποιητὸς υἱὸς τῷ
Αρχιάδῃ. ἀντιλεγόντων δ᾽ ἡμῶν καὶ ἀξιούντων,
ἐπειδὰν τοῦ κλήρου ἡ διαδικασία γένηται, τηνικαῦτα
τοὺς δημότας τὴν ψῆφον φέρειν, πρότερον δὲ μή,
τοῦτο μὲν ἐπείσθησαν οὐ δι᾿ αὑτούς, ἀλλὰ διὰ τοὺς
νόμους: δεινὸν γὰρ ἐδόκει εἶναι τὸν ΄παρακατα-
βεβληκότα τοῦ κλήρου εἰσποιεῖν αὑτὸν ἔτι τῶν
πραγμάτων ἀκρίτων ὄντων" ὃ δὲ μετὰ ταῦτα
διοικεῖται Λεώστρατος οὑτοσί, τοῦτο πάντων
δεινότατόν ἐστιν.

᾿Επειδὴ γὰρ αὐτὸς ἀπετύγχανε τοῦ ἐγγραφῆναι,
εἰσποιεῖ Λεωχάρην τὸν αὑτοῦ υἱὸν ᾿Αρχιάδῃ παρὰ
πάντας τοὺς νόμους, πρὶν τοῦ δήμου τὴν δοκι-
μασίαν γενέσθαι, οὐκ εἰσηγμένου δ᾽ εἰς τοὺς
φράτεράς πω τοὺς ᾿Αρχιάδου, ἀλλ᾽ ἐπειδὴ ἐν-
εγράφη, τηνικαῦτα πείσας ἕνα τινὰ τῶν φρατέρων
ἐνέγραψεν εἰς τὸ φρατερικὸν γραμματεῖον. καὶ
μετὰ ταῦτα τῇ διαμαρτυρίᾳ TH πρὸς τῷ ἄρχοντι
τοῦτον ἐπιγράφεται, ὡς υἱὸν ὄντα ,γνήσιον τοῦ
τετελευτηκότος ἔτη πολλά, τὸν πρῴην καὶ χθὲς
ἐγγραφέντα. καὶ συμβαίνει ἀμφοτέρους αὐτοὺς

2 For this scrutiny see note ὁ on p. 9 of vol. i.

> This should normally have been done shortly after birth,
for the enrolment in the clan marked the acceptance of the
child as a member of the family, as the enrolment in the
deme marked a youth’s assumption of the status of citizenship.

150

AGAINST LEOCHARES, 39-42

same design regarding the inheritance. Nay more, 39
he even deceived the archon, when he made his
deposit for costs to thwart us, and in his counter-
statement declared that he was an Otrynian, when
he was in fact a demesman among the Eleusinians.
When, however, he failed in all these schemes, at
the last election of officers the fellow got together
some of the demesmen, and demanded that he be
registered as the adopted son of Archiades. Again 40
we protested that the demesmen should give their
votes only when the inheritance suit should have
been decided, and not before; and to this they
agreed, not on their own responsibility, but out of
respect for the laws ; for it seemed to them an out-
rageous thing that a man who had made a deposit
for costs in an inheritance suit, should get himself
adopted as a son while the matter was still un-
decided; but the thing which this fellow Leo-
stratus contrived after this is the most outrageous
of all.

For when he failed to get his own name inscribed, 41
he entered his own son Leochares as an adopted son
of Archiades, in defiance of all the laws, before the
scrutiny * of the deme had taken place. But Leo-
chares had not yet been introduced to the clansmen of
Archiades ; yet when his name had been entered on
the list of the deme, only then did Leostratus, by
bringing influence to bear upon a certain member of
the clan, get the name inscribed upon the clan
register.? And after that, in his affidavit before the 42
archon he inscribed Leochares as being the lawfully
born son of the man who had been dead many years
past—Leochares, who had been registered with the
clan only a day or two before! So it results that they

151

DEMOSTHENES

~ / > A “ \ /

τῆς κληρονομίας ἀμφισβητεῖν: 6 τε yap Δεώ-
A ~ e

στρατος οὑτοσὶ παρακατέβαλε τοῦ κλήρου ws
εν / > / id / ς \
υἱὸς γνήσιος ᾿Αρχιάδῃ, 6 τε Λεωχάρης οὑτοσὶ
4 ~ ~

διαμεμαρτύρηκεν ὡς υἱὸς ὧν γνήσιος τοῦ αὐτοῦ

/ > / > > ~ ~ > \

43 πατρός, οὐδέτερος δ᾽ αὐτῶν ζῶντι, ἀλλὰ τετελευ-
τηκότι εἰσποιεῖ αὑτόν. ἡμεῖς δ᾽ οἰόμεθα δεῖν, ὦ
“ > ~ > ~
ἄνδρες δικασταί, ἐπειδὰν περὶ τούτου τοῦ ἀγῶνος

A \ ~ > ~ > ~ \
ὑμεῖς τὴν ψῆφον ἐνέγκητε, τηνικαῦτα EK τῶν κατὰ
΄, > ~ - 2 ~
γένος ἐγγυτάτω ἡμῶν εἰσποιεῖν υἱὸν τῷ τετελευ-
/ - ὦ ΄
τηκότι, ὅπως ἂν ὁ οἶκος μὴ ἐξερημωθῇ.
- > > Uy >

44 [Πρῶτον μὲν οὖν, ὦ ἄνδρες δικασταί, ws ἐπαν-
~ > A > / >) ~ 3 /
ἤλθεν εἰς τοὺς ᾿Ελευσινίους ἐκ τῶν ᾿Οτρυνέων

« ~ > uf
Λεώστρατος οὑτοσὶ καταλιπὼν υἱὸν τῷ ᾿Αρχιάδῃ
/ ~
γνήσιον, καὶ OTL ὁ πατὴρ αὐτοῦ ἔτι πρότερον TO
΄ ‘
αὐτὸ τοῦτ᾽ ἐπεποιήκει, Kal ws ὁ καταλειφθεὶς
ἄπαις τετελεύτηκε, καὶ ὡς ὁ νῦν διαμεμαρτυρηκὼς
/ > » /
πρότερον εἰς τοὺς δημότας ἢ εἰς τοὺς φράτερας
> - ~ \
ἐνεγράφη, τούτων ὑμῖν τὰς τῶν φρατέρων καὶ τὰς
\ ~
TOV δημοτῶν μαρτυρίας ἀναγνώσεται, καὶ τῶν
ἄλλων δὲ τῶν εἰρημένων, ὧν οὗτοι πεποιήκασιν,
ἁπάντων ὑμῖν τὰς μαρτυρίας Kal? ἕν ἕκαστον
παρέξομαι.
/ / A / /
Kai μοι κάλει τοὺς μάρτυρας δευρί.

ΜΑΡΤΥΡΕΣ

~ \ , 4 ς / 3 /
45 Τῶν μὲν τοίνυν πραγμάτων ἁπάντων ἀκηκόατε,
“

ὦ ἄνδρες δικασταί, καὶ τῶν ἐξ ἀρχῆς γεγενημένων
περὶ τὸν κλῆρον τοῦτον καὶ τῶν ὕστερον συμ-
βάντων, ἐπειδὴ τάχιστα τὴν λῆξιν ἡμεῖς ἐποιησά-
152

AGAINST LEOCHARES, 42-45

both lay claim to the inheritance; for Leostratus
here made the deposit for costs in the inheritance
suit as being the lawfully born son of Archiades, and
Leochares here has filed the affidavit, as being the
lawfully born son of the same father! And in
neither case is it to a living man, but to one that is
dead, that each of them makes himself an adopted
son! But in our opinion, men of the jury, you ought,
when you shall have cast your vote concerning the
present case, then, and not till then, to find from
among us, who are nearest of kin, an adopted son
for the deceased, in order that the family may not
become extinct.

First, men of the jury, to prove that Leostratus
here has returned to the Eleusinians from the demes-
men of Otryné, leaving a lawfully born son in the
family of Archiades ; aad that his father at an earlier
date had done this same thing ; and that the son so
left has died without issue ; and that the one who has
now sworn the affidavit was enrolled among the
demesmen before he had been enrolled among the
members of the clan—to prove these facts the ‘clerk
shall read you the depositions of the members of the
clan and of the deme ; and in proof of all the other
things I have mentioned which these men have done
I shall produce testimony concerning each several fact.

(To the clerk.) Please call the witnesses to come
forward.

Tue WITNESSES

All the facts of the case, then, you have heard,
men of the jury, all that took place at the first in con-
nexion with this inheritance, and all that occurred
subsequently, as soon as we commenced our suit.

153

43

44

[1094]

40

47

48

[1095]

DEMOSTHENES

\ > > \ / ~ /

μεθα. λοιπὸν δ᾽ ἐστὶ περί τε τῆς διαμαρτυρίας
~ 5» a \ \ ~ ΄
αὐτῆς εἰπεῖν καὶ περὶ τῶν νόμων, καθ᾽ οὗς ἀξιοῦ-
μεν κληρονομεῖν" ἔτι δέ, av ἐγχωρῇ τὸ ὕδωρ καὶ
\ / CsA > ~ >? ἊΣ A e \
μὴ μέλλωμεν ὑμῖν ἐνοχλεῖν, ἐξελέγξαι τὰ ὑπὸ
τούτων ῥηθησόμενα, ὅτι οὔτε δίκαια οὔθ᾽ ὑγιῆ
ἐστιν. καὶ πρῶτον μὲν τὴν διαμαρτυρίαν ἀνα-
γνώτω, καὶ σφόδρα τὸν νοῦν αὐτῇ προσέχετε: περὶ

\ / ε ~ » , /
yap ταύτης ἡ ψῆφος οἰσθήσεται νυνί.
AIAMAPTYPIA

Οὐκοῦν δήπου διαμεμαρτύρηκεν οὗτος, ὡς ἀκη-
κόατε, “᾿ μὴ ἐπίδικον εἶναι τὸν κλῆρον τὸν ᾿Αρχιά-
δου, ὄντων αὐτῷ παίδων γνησίων καὶ κυρίως κατὰ
τὸν θεσμόν. ἐξετάσωμεν τοίνυν, εἰ εἰσὶν ἢ τὰ ψευ-
δῆ διαμεμαρτύρηκεν οὗτος. ὁ yap ᾿Αρχιάδης ἐ ἐκεῖνος,
οὗ ἐστιν ὃ κλῆρος, “ἐποιήσατο υἱὸν τὸν τοῦ δια-
μεμαρτυρηκότος νυνὶ πάππον" ἐκεῖνος δ᾽ ἐγκατα-
λιπὼν υἱὸν γνήσιον τὸν τούτου πατέρα Λεώστρατον
ἐπανῆλθεν εἰς τοὺς ᾿᾿λευσινίους. μετὰ δὲ ταῦτα
αὐτὸς οὑτοσὶ Λεώστρατος πάλιν ἐγκαταλιπὼν υἱὸν
ὥχετο ἀπιὼν εἰς τὸν πατρῷον οἶκον" ὁ δ᾽ ἐγκατα-
λειφθεὶς ὑπὸ τούτου τελευταῖος ἁπάντων τῶν
εἰσποιηθέντων τετελεύτηκεν ἄπαις, ὥστε γίγνεται
ἔρημος 6 οἶκος, καὶ ἐπανελήλυθεν ἡ κληρονομία
πάλιν εἰς τοὺς ἐξ ἀρχῆς ἐγγύτατα γένους ὄντας.
πῶς ἂν οὖν εἴησαν κατὰ ΤῊ διαμαρτυρίαν υἱεῖς
ἔτι τινὲς τῷ ᾿Αρχιάδῃ, ᾧ οἱ μὲν εἰσποιηθέντες
ὁμολογοῦνται ἐπανεληλυθέναι, ὁ δ᾽ ἐγκαταλειφθεὶς
τελευταῖος ἄπαις τετελεύτηκεν; οὐκοῦν ἀνάγκη
τὸν οἶκον “ἐρημωθῆναι. ὁπότε δ᾽ ἔρημος ὁ οἶκος,
οὐκ ἂν εἴησαν υἱεῖς ἔτι ἐκείνῳ γνήσιοι. οὗτος
154

AGAINST LEOCHARES, 45-48

It remains to speak of the affidavit itself and the laws
in accordance with which we claim to inherit ; and
furthermore, if the water holds out and we shall not
be troubling you too much, to refute the arguments
which our opponents are going to advance, proving
to you that they are neither just nor sound. And
first let the clerk read the affidavit ; and I beg you to
give it close attention ; for it is regarding ἧς that
your votes are presently to be cast.

Tue AFFIDAVIT

Well, then, the defendant has sworn, as you have
heard, “ that the inheritance of Archiades is not open
to litigation, since he has children lawfully born and
rightfully established according to the statute.” Let
us, then, inquire if there are any, or if the defendant
ἘΠΕ sworn to what is false. The aforesaid Archiades,
whose estate is in question, adopted as his son the
grandfather of the one who has now sworn this
affidavit ; he, leaving a lawfully born son, Leostratus,
the father of the defendant, returned to the

46

Eleusinians. After this, Leostratus here himself 47

returned to the house of his fathers, leaving a son in
the adoptive house ; and the son whom he left, and
who was the last of all the adopted children, has died
without issue, so that the house thereby becomes
extinct and the inheritance has reverted again to
those originally nearest of kin. How, then, could
Archiades still have any sons, as the affidavit claims,
when it is admitted that his adopted children returned
to their original family and the last one left has died
without issue? It follows, then, of necessity that
the family is extinct. But when the family is extinct,
there cannot be lawfully born sons still living. The

155

48

49

DEMOSTHENES

/ /, A
τοίνυν διαμεμαρτύρηκε τοὺς οὐκ ὄντας εἶναι, καὶ
I} ~ ’
γέγραφεν ev τῇ διαμαρτυρίᾳ “ὄντων παίδων;,
a / ς \ 9 3 \ A ce / ᾽7
ἕνα φάσκων αὑτὸν εἶναι. ἀλλὰ μὴν “γνησίων
> id / ce \ / \ A /, ”
γ᾽ ὅταν λέγῃ “ Kat κυρίως κατὰ τὸν θεσμόν,
/
TapakpoveTat παρὰ τοὺς νόμους. TO μὲν yap
/ > > \
γνήσιόν ἐστιν, ὅταν ἢ γόνῳ γεγονός" Kal ὁ νόμος
ταῦτα μαρτυρεῖ λέγων, “᾿ ἣν ἂν ἐγγυήσῃ πατὴρ
δ 3 \ μ] / > 7 ΜΆ “
ἢ ἀδελφὸς ἢ πάππος, ἐκ ταύτης εἶναι παῖδας
/ / ~
γνησίους. τὸ δὲ “Kupiws’’ κατὰ TOV ποιήσεων
Φ / »” e / ~ a
ὁ νομοθέτης ἔλαβεν, ὑπολαμβάνων δεῖν, ὅταν τις
~ ~ e
ὧν ἄπαις Kal κύριος τῶν ἑαυτοῦ ποιήσηται υἱόν,
ταῦτα κύρια εἶναι. οὗτος τοίνυν γόνῳ μὲν οὐδένα
a 3 (ὃ / ev /,
φησὶν ᾿Αρχιάδῃ γενέσθαι υἱόν, διαμεμαρτύρηκε

A \
δὲ ἵν γνησίων ὄντων, ἐναντίαν τῳ πράγματι THY

50 διαμαρτυρίαν ποιησάμενος. ποιητὸς δ᾽ ὁμολογῶν

51

2 ΄ > > \ CLA ~
εἶναι, φαίνεται οὐκ εἰσποιηθεὶς ὑπὸ τοῦ τετελευ-
τηκότος αὐτοῦ, ὥστε πῶς ἔτι σοι “' κύρια᾽᾽᾿ ταῦτ᾽ ἂν
» ce A \ / 2) “ \ 75 > ee
εἴη “κατὰ τὸν θεσμόν᾽᾽; ὅτι νὴ Δί ἐγγέγραπται
> / cv e / / / /
Apyiddn vids. ὑπό ye τούτων πρῴην βιασαμένων,
~ ~ /
ἤδη τῆς τοῦ κλήρου διαδικασίας ἐνεστηκυίας- οὐ
A /
δὴ δίκαιον ἐν τεκμηρίου μέρει ποιεῖσθαι τἀδίκημα.
καὶ γὰρ ἐκεῖνο πῶς οὐ δεινόν ἐστιν, ὦ ἄνδρες
/ > \ A ~ / +} / / Wi,
δικασταί, ἐπὶ μὲν τοῦ λόγου αὐτίκα μάλα φήσειν
~ / ~ \
ποιητὸν εἶναι, ev δὲ τῇ διαμαρτυρίᾳ τοῦτο μὴ
~ / > A \ \ > / ὃ
τολμῆσαι γράψαι, ἀλλὰ τὰ μὲν ἐν ταύτῃ διαμεμαρ-
Ty ~ /
τυρημένα εἶναι ὡς ὑπὲρ υἱοῦ γόνῳ γεγονότος, τὰ
~ >
δ᾽ αὐτίκα pada ῥηθησόμενα ὡς εἰσποιητοῦ; εἰ δὲ

156

AGAINST LEOCHARES, 48-51

fellow, then, has sworn that non-existent persons exist,
and has written in the affidavit “ since he has children,”
alleging that he himself is one of them. But surely,
when he says “ lawfully born and rightfully estab-
lished according to the statute,” he is quibbling and
defying the laws. For the “ lawfully born”’ exists,
when it is born of the body; and the law bears
testimony to this, when it says, ““ Lawfully born are
children of a woman whom her father or brother
or grandfather has given in marriage. * But “right-
fully established ” the lawgiver understood of adop-
tions, considering that when a man, being childless
and master of his property, adopts a son, this action
ought to be rightful. Well, our opponent says that
Archiades had no son of the body, but in the aff-
davit he has sworn to the words “since there are
lawfully born children,” thus making a sworn state-
ment that is contrary to the truth. He admits that he
is an adopted son, yet it is manifest that he was not
adopted by the dead man himself ; so how can you
claim that this status is “ rightfully established ac-
cording to the statute’? Because, he will say, he
was registered as the son of Archiades. Yes, by the
arbitrary act of these men, and that only the other
day, when the suit for the estate had already been
instituted. Surely it is not right for a man to regard

as evidence his own illegal act. For is it not an 5

outrageous thing, men of the jury, that he should
state—as he will presently in his speech—that he is an
adopted son, while in his affidavit he did not dare to
write this ? Or that, while in the affidavit the protest
is made as though for a son of the body, the speech
that will presently be made will be on “clei of an
adopted son? If they are going to make their

157

σι
on)

[1096]

52

53

54

DEMOSTHENES

τὴν ἀπολογίαν ἐναντίαν TH διαμαρτυρίᾳ ποιήσονται,
πῶς οὐκ ἢ τὸν λόγον ἀνάγκη ἢ τὴν διαμαρτυρίαν
ψευδῆ εἶναι; εἰκότως δ᾽ οὐ προσέγραψαν τὴν
ποίησιν τῇ διαμαρτυρίᾳ. ἔδει γὰρ ἐγγράψαι αὐτοὺς
‘ εἰσποιησαμένου τοῦ δεῖνος ᾿᾿- ὁ δ᾽ οὐκ εἰσεποιή-
σατο, ἀλλ᾽ ἑαυτοὺς εἰσποιοῦντες ἀποστεροῦσιν
ἡμᾶς τῆς κληρονομίας.

To μετὰ ταῦτα τοίνυν πῶς οὐκ ἄτοπον καὶ δεινόν
ἐστιν, ἅμα παρακαταβεβληκέναι τοῦ κλήρου πρὸς
τῷ ἄρχοντι ὡς ὄντα αὐτὸν ᾿Αρχιάδου Λεώστρατον
τουτονί, τὸν ᾿Ελευσίνιον τοῦ ᾿Οτρυνέως, δια-
μεμαρτυρηκέναι δ᾽ ἕτερον, ὡς αὐτοὶ ὁρᾶτε, φά-
σκοντα καὶ τοῦτον ᾿Αρχιάδου υἱὸν εἶναι; καὶ
ποτέρῳ δεῖ προσέχειν ὑμᾶς ὡς ἀληθῆ λέγοντι;
αὐτὸ γὰρ τοῦτο τεκμήριον οὐκ ἐλάχιστόν ἐστι τοῦ
ψευδῆ τὴν διαμαρτυρίαν γεγενῆσθαι, τὸ περὶ τοῦ
αὐτοῦ πράγματος μὴ τὸν αὐτὸν ἀμφισβητεῖν.
εἰκότως" ὅτε γάρ, οἶμαι, Λεώστρατος οὑτοσὶ παρα-
κατέβαλλε τοῦ κλήρου πρὸς ἡμᾶς, οὔπω ὁ δια-
μεμαρτυρηκὼς νῦν ἐνεγέγραπτο δημότης εἶναι.
ὥστε πάντων ἂν δεινότατα πάθοιμεν, εἰ τῇ ὕστερον
τῶν πραγμάτων γεγενημένῃ διαμαρτυρίᾳ πιστεύ-
σαιτε ὑμεῖς.

᾿Αλλὰ μὴν καὶ πρεσβύτερά γε αὑτοῦ διαμεμαρ-
τύρηκεν. ὁ γὰρ μήπω ἐν τῷ οἴκῳ τῷ ᾿Αρχιάδου
ὦν, ὅθ᾽ ἡ λῆξις αὕτη τοῦ κλήρου ἐγένετο, πῶς ἂν
εἰδείη τι τούτων; ἔπειτ᾽ εἰ μὲν αὑτὸν διεμεμαρ-
τυρήκει, εἶχεν ἂν λόγον αὐτῷ τὸ πρᾶγμα: ἀδίκως
μὲν ἂν ἔγραφεν, οὐδὲν δ᾽ ἧττον ὑπὲρ τοῦ κατὰ τὴν
158

AGAINST LEOCHARES, 51-54

defence conflict with the affidavit, surely either what
they say, or what they swore, is false. It was with
good reason that they did not add to the affidavit
mention of the adoption, for in.that case they would
have had to add the words “ adopted by so-and-so.”
But Archiades never did adopt them ; they adopted
themselves, in order to rob us of the inheritance.
Now is not their next proceeding absurd as well as
outrageous ?—that Leostratus here should have made
his deposit for costs in the inheritance suit before
the archon, as being the son of Archiades (while he
was an Eleusinian, and Archiades of the deme Otryné),
but that someone else should have sworn the affidavit,
as you see for yourselves, alleging that he, too, was
a son of Archiades? ‘To which of the two should

Or

bo

you pay attention, as telling the truth? This very 53

thing is the strongest proof of the falsehood of the
affidavit—that it is not the same person who makes
the claim about the same matter. And this is not
strange ; for, I fancy, when Leostratus here made his
deposit in the inheritance suit against us, the one who
has now sworn the affidavit had not yet registered
himself as a member of the deme. We should there-
fore be most cruelly treated if you should believe an
affidavit made after the suit was begun.

Nay more, Leochares has in the affidavit sworn
to facts actually older than himself. For how could
a person who was not yet a member of the house
of Archiades when this suit for the inheritance
was instituted, know anything about these matters ?
Moreover, if he had sworn it of himself alone, there
would have been some sense in his action ; he would
have written what was false, but nevertheless his
statement would have concerned one of an age to

159

σι

[1097]

55

56

57

DEMOSTHENES

ἡλικίαν γ᾽ ὄντος. νῦν δὲ γνησίους υἱοὺς γέγραφε
τῷ ᾿Αρχιάδῃ ἐκείνῳ εἶναι, τόν τε αὑτοῦ πατέρα
δηλονότι καὶ τὸν κατὰ τὴν ἐξ ἀρχῆς ποίησιν, οὐκ
ἐπιλογισάμενος ὅτι ἐπανεληλυθότες ἦσαν. οὐκοῦν
ἀνάγκη πρεσβυτέρας πράξεις αὐτὸν καὶ μὴ τὰς
ἐφ᾽ ἑαυτοῦ γεγενημένας διαμεμαρτυρηκέναι. εἶθ᾽
ὑμεῖς τῷ τοῦτο τετολμηκότι πιστεύσετε ὡς ἀληθῆ
λέγοντι; νὴ AV, ἀλλ᾽ ἀκηκοὼς τοῦ αὑτοῦ πατρὸς
διαμεμαρτύρηκεν. ὁ δέ γε νόμος ἀκοὴν πλὴν"
τῶν τετελευτηκότων κωλύει μαρτυρεῖν". οὗτος
δὲ τετόλμηκε διαμαρτυρεῖν ζῶντος τοῦ πατρὸς
τὰ ὑπ᾽ ἐκείνου πραχθέντα. ἐπεὶ κἀκεῖνο: διὰ τί
ποτε Λεώστρατος οὑτοσὶ οὐχ αὑτόν, ἀλλὰ τοῦτον
ἐπεγράψατο τῇ διαμαρτυρίᾳ; τὰ γὰρ πρεσβύτερα
τῶν πραγμάτων τὸν πρεσβύτερον ἔδει διαμαρ-
τυρεῖν. ὅτι νὴ Δί᾽, ἂν εἴποι, τοῦτον εἰσπεποίηκα
υἱὸν τῷ ᾿Αρχιάδῃ. οὐκοῦν σὲ τὸν εἰσποιοῦντα
καὶ κατασκευάζοντα τὰ πράγματα καὶ λόγον ἔδει
διδόναι, γενόμενον ὑπεύθυνον ὧν πεποίηκας" πολλή
γ᾽ ἀνάγκη. ἀλλὰ τοῦτο μὲν ἔφυγες, τῇ διαμαρ-
τυρίᾳ δὲ τοῦτον τὸν οὐδὲν εἰδότ᾽ ἐπεγράψω. ὥστε
φανερὸν ὑμῖν ἐστιν, ὦ ἀνδρες δικασταί, τὰ δια-
μαρτυρούμενα μὴ εἶναι ἀληθῆ, καὶ παρ᾽ αὐτοῖς
γε τούτοις ὁμολογεῖται. καὶ μὴν κἀκεῖνο δίκαιόν
ἐστι, μὴ λέγοντος αὐτίκα μάλ᾽ ἀκούειν Λεωστράτου
τουτουΐ, ὑπὲρ ὧν γε διαμαρτυρῆσαι οὐκ ἐτόλμησεν.

‘Os δὲ Kal τῶν ἀγώνων ἀδικώτατοι καὶ πλείστης

1 πλὴν inserted by Blass.
2 μαρτυρεῖν. . . τετόλμηκε inserted by Blass.

160

AGAINST LEOCHARES, 54-57

know. But as it is, he has written that the aforesaid
Archiades had lawfully born sons, meaning, of course,
his own father and the one made such by the original
adoption, not taking cognizance of the fact that they
had returned to ‘their original family. It follows,
then, of necessity that he has sworn to events older
than himself, and not to things which have happened
in his own day. Are you, then, to credit one who
has dared a thing like that, as though he were speak-

ing the truth? Ah, but he will say that he has heard 55

from his father the facts to which he has sworn. But
the law does not admit hearsay evidence, save in the
case of deceased persons; whereas this fellow has
dared to swear to acts done by his father, while that
father is still alive. Then again, why did Leostratus
here inscribe on the affidavit the name, not of himself,
but of the defendant? For the older facts should have
been sworn to by the older man. It was, he might
say, because I have had this youth adopted as son to

Archiades. Well then, you who had him adopted and 56

concocted the whole affair ought to have rendered an
account of it, and made yourself responsible for what
you have done. You ought absolutely to have done so.
But you evaded this, and wrote over the affidavit
the name of your son here, who knew nothing of the
matter. You see, then, men of the jury, that the
statements in the affidavit are false, and they are ad-
mitted by these men themselves to be so. Why, it
would even be right for you to refuse to listen to
this man Leostratus, when he presently undertakes
to make statements to which he did not venture to
swear in the affidavit.

Furthermore, that affidavits of objection are of all
forms of trial the most unjust, and that those having

VOL, II M 161

I

58

[1098]

59

60

DEMOSTHENES

ὀργῆς ἄξιοι τοῖς ἀγωνιζομένοις at διαμαρτυρίαι
εἰσί, μάλιστ᾽ av τις ἐκεῖθεν καταμάθοι. πρῶτον
μὲν γὰρ οὐκ ἀναγκαίως ἔχουσιν, ὥσπερ οἱ ἄλλοι,
ἀλλ᾽ ἐκ προαιρέσεως καὶ βουλήσεως τῆς τοῦ
διαμαρτυροῦντος γίγνονται. εἰ μὲν γὰρ ὑπὲρ τῶν
διαμφισβητουμένων μὴ ἔστιν ἄλλον τρόπον δίκην
αβεῖν ἢ διαμαρτυρήσαντα, ἴσως ἀναγκαῖον τὸ
διαμαρτυρεῖν: εἰ δὲ καὶ ἄνευ διαμαρτυρίας πρὸς
ἅπασι τοῖς συνεδρίοις ἔστι λόγου μὴ ἀποστερηθῆναι,
πῶς οὐ προπετείας καὶ τῆς μεγίστης ἀπονοίας
σημεῖον τὸ διαμαρτυρεῖν ἐστιν; οὐδὲ γὰρ ὃ νο-
μοθέτης ἀναγκαῖον αὐτὸ ἐποίησε τοῖς ἀντιδίκοις,
ἀλλ᾽ ἂν βούλωνται διαμαρτυρεῖν, ἔδωκεν, ὥσπερ
διάπειραν. ποιούμενος τῶν τρόπων ἑνὸς ἑκάστου
ἡμῶν, πῶς ποτ᾽ ἔχοιμεν πρὸς τὸ προπετῶς τι
πράττειν. ἔτι τοίνυν ἐπὶ τὸ τῶν διαμαρτυρούντων
μέρος οὔτε δικαστήρια ἢν ἂν οὔτε ἀγῶνες ἐγί-
γνοντο: κωλύει γὰρ πάντα ταῦτα τὸ τῶν διαμαρ-
τυριῶν γένος καὶ ἀποκλείει εἰσαγωγῆς ἕκαστα
τῆς εἰς τὸ δικαστήριον, κατά γε τὴν τοῦ διαμαρ-
τυροῦντος βούλησιν. διόπερ οἶμαι δεῖν κοινοὺς
ἐχθροὺς τοὺς τοιούτους ἀνθρώπους ὑπολαμβάνειν
πᾶσιν εἶναι, καὶ μηδέποτε τυγχάνειν αὐτοὺς συγ-
γνώμης ἀγωνιζομένους παρ᾽ ὑμῖν" προελόμενος
γὰρ ἕκαστος αὐτῶν τὸν ἐκ τοῦ διαμαρτυρῆσαι
κίνδυνον, οὐκ ἀναγκασθεὶς εἰσέρχεται.

Ὅτι μὲν οὖν ἡ διαμαρτυρία. ψευδής ἐστι, καὶ ἐκ
τῶν γεγραμμένων καὶ ἐκ τῶν εἰρημένων λόγων

« The affidavit of objection (διαμαρτυρία), like the special
plea in bar of action (παραγραφή), afforded a means by which
the defendant could prevent a case from being tried upon its

162

AGAINST LEOCHARES, 57-60

recourse to them are most deserving of your resent-
ment, one can see very clearly from the following
facts. Inthe first place, they are not necessary as the
other forms of procedure are, but they are instituted
by the will and desire of the one swearing to them.
If in the matter of disputed claims there is no other
way of getting a judgement than by such an affidavit,
it is perhaps necessary to make one. But, if it is

possible without an affidavit of objections to obtain °

a hearing before all tribunals, is not the use of one a
mark of recklessness and utter desperation? For
the lawgiver did not make it obligatory on the con-
tending parties, but granted them the privilege of
putting in such an affidavit, if they chose, as though
he were testing the character of each one of us, to
see how we stand with reference to a reckless pro-
cedure.” Further, if it rested with those who file these
affidavits, there would be neither courts of justice
nor trials ; for the nature of affidavits of objections is
to block all these things and to prevent all cases from
being brought into the court-room—at least so far
as the will of the one swearing the affidavit goes.
Therefore I think we should regard such people as
the common enemies of all men, and that they should
never receive any indulgence when they are on trial
before you; for each one of them comes into court,
not under compulsion, but having chosen to incur the
risk of the oath.

Well then, that the affidavit is false, you have
learned pretty definitely from the statements con-
merits, and so could be regarded as a means of thwarting
the course of justice.

> There is, of course, the implication that those having

recourse to this procedure thereby showed themselves either
unscrupulous or in despair of their case.

163

DEMOSTHENES

\ > ~ / a \ \ ς ’,ὔ
σχεδὸν ἀκριβῶς μεμαθήκατε. ὅτι δὲ καὶ οἱ νόμοι,
ὦ ἄνδρες δικασταί, ἡμῖν τὴν κληρονομίαν ἀπο-
fA af? ε ~ \ / / /
διδόασι, τοῦθ᾽ ὑμᾶς διὰ βραχέων βούλομαι διδάξαι,
οὐχ ὡς οὐ μεμαθηκότας καὶ ἐν τοῖς ἐν ἀρχῇ
εἰρημένοις, ἀλλ᾽ ἵνα μᾶλλον πρὸς τὴν τούτων
ψευδολογίαν τὰ δίκαια μνημονεύητε.
\ \ ‘\ / »Μ > / e >
61 To pev yap σύνολον, ὄντες Ἀρχιάδῃ, οὗ ἐστιν
ὁ κλῆρος οὑτοσί, πρὸς ἀνδρῶν κατὰ γένος ἐγ-
γυτάτω, καὶ τῆς ποιήσεως, ἧς ἐκεῖνος ἐποιήσατο,
τῶν μὲν ἐπανεληλυθότων εἰς τὸν πατρῷον οἶκον,
“ 3 > / ΝΜ /
τοῦ δ᾽ ἐγκαταλειφθέντος ἄπαιδος τετελευτηκότος,
τούτων δ᾽ οὕτως ἐχόντων ἀξιοῦμεν κληρονομεῖν,
> / > / / > / ee
62 οὐδεμίαν οὐσίαν Λεωστράτου ἀφελόμενοι (οὗτοι
μὲν γὰρ τὰς ἑαυτῶν ἔχουσι), τῆς ὑπ᾽ ᾿Αρχιάδου δὲ
καταλειφθείσης καὶ οὔσης ἐκ τῶν νόμων ἡμετέρας.
¢ \ Ss ΄-
ὁ γὰρ νόμος, ὦ ἄνδρες δικασταί, κελεύει κρατεῖν
- e >
[1099] rods ἄρρενας Kal τοὺς ἐκ τῶν ἀρρένων: οὗτοι ὃ
ms > > A ε
ἡμεῖς ἐσμεν. οὐκ ἦσαν τοίνυν παῖδες ἐκείνῳ: οἵ
63 δ᾽ οἰκειότατοι' ὄντες ἡμεῖς ἐσμεν. ἔπειτ᾽ οὐ δίκαιον
δήπου τὸν ποιητὸν υἱὸν ποιητοὺς ἑτέρους εἰσάγειν,
> wu
ἀλλ᾽ ἐγκαταλείπειν μὲν γιγνομένους, ὅταν δὲ τοῦτ
ἐπιλίπῃ, τοῖς γένεσιν ἀποδιδόναι τὰς κληρονομίας"
~ ( -
ταῦτα γὰρ οἱ νόμοι κελεύουσιν.
᾿Επεὶ πῶς οὐκ ἐκκλείεται εἷς ἕκαστος ὑμῶν τῆς
κατὰ γένος ἀγχιστείας, ὅταν τοῖς ποιητοῖς ἡ ἄδεια
αὕτη δοθῇ; ὁρᾶτε γὰρ ὅτι ταῖς κολακείαις οἱ
πλεῖστοι ψυχαγωγούμενοι καὶ ταῖς πρὸς τοὺς οἰ-
κείους διαφοραῖς πολλάκις φιλονικοῦντες ποιητοὺς
ca ~ ~
υἱεῖς ποιοῦνται" εἰ δ᾽ ἔσται τῷ εἰσποιηθέντι παρὰ
τὸν νόμον εἰσποιεῖν ὃν ἂν βούληται, οὐδέποτε τοῖς
«
64 γένετιν at κληρονομίαι δοθήσονται. ἃ καὶ προ-

1 οἰκειότατοι inserted by Rennie.
164

AGAINST LEOCHARES, 60-68

tained in it and from the arguments which you have
heard. But that the laws also give us this inheritance
as our right, men of the jury, I wish to prove in a few
words—not as though this had not been made clear
to you in what I said at the outset, but that you may
the better bear in mind the justice of our case, and
so meet the false statements of our opponents.

To sum up the matter briefly, we, since we are the
nearest of kin in the male line to Archiades, to whom
this estate belonged, and since of the persons whom
he adopted some have gone back to the family of
their fathers, and the one last left had died without
issue,—in these circumstances, we, I say, claim to in-
herit. Weare not depriving Leostratus of any property
(for these men hold what is their own), but we claim
the estate left by Archiades, which is ours ac-
cording to the laws. For the law, men of the jury,
ordains that males and the sons of males should have
precedence ; and such we are. Archiades had no
children, and we are the ones nearest of kin to him.
Further, it is surely not just that an adopted son
should bring other sons into a family by adoption ;
he may leave in it children born to him, but in default
of these he must restore the inheritance to those
related by blood. That is what the laws ordain.

For is it not plain that each one of you is excluded
from the right of inheritance by direct descent,
if this licence be granted to children by adoption ?
For you see that most people who adopt children
do so through being cajoled by flattery and often
in a spirit of contentiousness caused by family
quarrels. But if an adopted son is to be permitted
in defiance of the law to adopt whomsoever he
pleases, inheritances will never be given to blood-

165

61

DEMOSTHENES

νοηθεὶς ὁ νομοθέτης ἀπεῖπε TH ποιητῷ αὐτῷ ὄντι
ποιητὸν υἱὸν μὴ ποιεῖσθαι, τίνα τρόπον διορίσας περὶ
τούτων; ὅταν εἴπῃ υἱὸν γνήσιον ἐγκαταλιπόντα
ἐπανιέναι, δηλοῖ δήπου φανερῶς ὅτι οὐ δεῖ ποιεῖ-
σθαι: ἀδύνατον γάρ ἐστιν υἱὸν γνήσιον ἐγκατα-
λιπεῖν, ἐὰν μὴ γόνῳ γεγονὼς ἢ τινι. σὺ τοίνυν,
ὦ Λεώστρατε, ἀξιοῖς τῷ τετελευτηκότι εἰσποιητῷ
εἰς τὸ ἡμέτερον γένος ὄντι ποιητὸν ἐπὶ τὸν κλῆρον
εἰσαγαγεῖν, ὥσπερ ἐπὶ τὰ σαυτοῦ κτήματα καὶ
οὐκ εἰς τὰ κατὰ νόμον τῷ προσήκοντι δοθησόμενα
βαδίζων.

65 Ἡμεῖς δ᾽, ὦ avdpes δικασταί, εἰ μὲν ὁ τετελευ-
τηκὼς ἐποιήσατό τινα, καίπερ οὐ διδόντος τοῦ
νόμου, συνεχωροῦμεν ἂν αὐτῷ, ἢ εἰ διαθήκας
κατελελοίπει, καὶ ταύταις ἂν ἐνεμείναμεν, ἐπεὶ
καὶ τὸ ἐξ ἀρχῆς τοιοῦτοι ὄντες διετελοῦμεν, οὐκ
ἐναντιούμενοι τούτοις ἔχουσι τὴν οὐσίαν καὶ

> ~ yy > a / 74 > 4
ἐπανιοῦσιν ἄνω, καθ᾽ ὃν δήποτε τρόπον ἐβούλοντο.
66

[1100]

> \ \ / ε A / » ~ \ ¢ \ ~

ἐπεὶ δὲ νυνί ποτε ὑπὸ τούτων αὐτῶν Kal ὑπὸ τῶν

/ A ~ > > / », -

νόμων τὸ πρᾶγμ᾽ ἐξελήλεγκται, οἰόμεθα δεῖν

= A > πὶ >
κληρονομεῖν τῶν ᾿Αρχιάδου, καὶ παρ᾽ ἡμῶν εἶναι
« 5 / ~
TOV υἱὸν TOV εἰσποιούμενον τῶν μὴ πεποιημένων
7 A «ε
πρότερον, μὴ παρὰ τούτων. δικαίως γὰρ ὃ νομο-
/ ~ >
θέτης, οἶμαι, ὥσπερ καὶ Tas ἀτυχίας τῶν οἰκείων
~ ~ A > /
Kal Tas ἐκδόσεις τῶν γυναικῶν τοῖς ἐγγυτάτω
- ,ὕ

γένους προσέταττε ποιεῖσθαι, οὕτως καὶ τὰς κληρο-

- ~ / - -

νομίας καὶ τὴν τῶν ἀγαθῶν μετουσίαν τοῖς αὐτοῖς

> / \ A / / Α

67 ἀποδέδωκεν. τὸ δὲ πάντων μέγιστον καὶ γνωρι-

166

AGAINST LEOCHARES, 64-67

relations. It was to guard against this that the law-
giver forbade a person who was himself adopted to
create a son by adoption. In what manner did he
declare his view regarding this? When he says
“a man may return to his own family, leaving behind
him a lawfully born son ”’ he makes it plain, I take it,
that it is not lawful for him to adopt ; for it is im-
possible for a man to leave behind him a lawfully
born son, unless he have a son born of his body. But
you, Leostratus, claim the right to bring an adopted
son into the inheritance of the dead man, who had
himself been adopted into our family, just as though
you were taking possession of your own property,
and not that which the law declares shall be given
to the nearest of kin.

For ourselves, men of the jury, if the deceased had
adopted anyone, even though the law does not allow
it, we should have submitted; or, if he had left a will,
we should also have been ready to abide by that ;
for from the beginning this has been our position ;
we made no objection - to their holding the property
and returning to their original family in whatever
manner they ‘pleased. Now, however, that the affair
has at length been exposed both by these men them-
selves and by the laws, we hold that it is right for us
to inherit the estate of Archiades, and that the son
to be adopted should come from us who have not
been adopted before, and not from them. For it
was just, in my opinion, that the lawgiver, as he
laid upon the nearest of kin the duty of relieving the
misfortunes of their relatives, and of giving in mar-
riage their women-folk, so also has given to these
same people as their due the right of inheriting and
of sharing in the good things. But that which is the

167

64

65

66

DEM OSTHENES

rd « - ¢ \ ~ / / , \
μώτατον ὑμῖν: 6 yap τοῦ Σόλωνος νόμος οὐδὲ
» \ \ A ‘\ > - ” e Ἃ
διαθέσθαι τὸν ποιητὸν ἐᾷ τὰ ἐν τῷ οἴκῳ, οἵ ἂν
~ , / 4Φ ~ >
ποιηθῇ. εἰκότως, οἶμαι: TH yap κατὰ νόμον εἰσ-
/ > \ A ε / - J a « \ ~
ποιηθέντι ἐπὶ τὰ ἑτέρου οὐχ οὕτως, ὡς περὶ τῶν
50. ,] / -
ἰδίων κτημάτων, βουλευτέον ἐστίν, ἀλλὰ τοῖς

/ \ ¢ ~
νόμοις ἀκολούθως, περὶ ἑκάστου τῶν yeypap-

/ « «ς / / co oe A > / ”
68 μένων ὡς ὁ νόμος λέγει. OGOL μὴ ἐπεποίηντο

,, (τὰ / > / > \ > / > ~

φησίν “ ὅτε Σόλων cloner eis τὴν ἀρχήν, ἐξεῖναι
τ “-“ / 7 n“ > ,ὔ ” ie A

αὐτοῖς διαθέσθαι ὅπως av ebéAwow,’’ ws Tots γε

A ~ >
ποιηθεῖσιν οὐκ ἐξὸν διαθέσθαι, ἀλλὰ ζῶντας ἐγ-
/ εν / 5 / μὰ ’ὔ
καταλιπόντας υἱὸν γνήσιον ἐπανιέναι, ἢ τελευτή-
3 / \ / A > > ~
σαντας ἀποδιδόναι τὴν κληρονομίαν τοῖς ἐξ ἀρχῆς

ee; = A ,
OLKELOLS OUOL TOV ποιησαμένου.

« This law is cited more fully in Oration XLVI ὃ 14.

168

AGAINST LEOCHARES, 67-68

most significant thing, and the thing best known to
you, is this: the law of Solon does not allow an adopted
son even to dispose by will of the property in the
family into which he comes by adoption. And there
is good reason for this,in my view; for a person who
comes by legal adoption into possession of the
property of another, ought not to deal with it as if
it were his own private estate. No, he should act
consistently with the laws, and do in each particular
what the laws prescribe. “ All those who had not
been adopted,” says the lawgiver,’? “at the time
when Solon entered upon office, may bequeath their
property by will, as they see fit,” thus indicating
that those who were adopted might not so dispose of
theirs, but that they might return to their families
in their lifetime, leaving a lawfully born son in their
place ; otherwise, in case of death, they must give
back the property to those who from the first were
relatives of the adoptive father.

169

AGAINST STEPHANUS
I

INTRODUCTION

Tue speech in support of Phormio (Oration XXXVI)
was so overwhelmingly successful, that, as was stated
in the Introduction to that oration, Apollodorus was
not even given a hearing when he attempted to reply
to it, and, since he did not receive even a fifth part of
the votes, was debarred from again raising the issue
involved in the suit. However he brought an action
for false testimony against Stephanus, one of the
witnesses for Phormio, and the present speech was
delivered by him in support of that charge. The
testimony of Stephanus was given merely as proof
of a challenge tendered to Apollodorus by Phormio
in which the latter demanded that, if Apollodorus
refused to admit that a document offered in evidence
by Phormio was a copy of the will of Pasio, he should
himself open the original of the will. Stephanus
deposed that Apollodorus refused to open the original,
and that the document put in evidence was a copy
of the will. The point was of course not a vital one,
but if successful in this suit, Apollodorus would have
paved the way for a direct attack upon Phormio for
subornation of perjury (δίκη κακοτεχνιῶν) and, if
again successful, would have been in a position to

bring forward once more his original action.
The plaintiff's argument is, in brief, that (1), no
such challenge had been tendered him; that (2), no
{79

DEMOSTHENES

will had been made by his father; that (3), since
this was the case, the terms of the deposition were
false ; that (4), both the alleged will and the lease
of the property had been forged by Phormio; and
that (5), the discharge and release, which had played
so large a part in Phormio’s argument, were false.
He then goes on to answer in advance some state-
ments which it might be assumed that Stephanus
would make in his own defence, that (1), his testimony
was merely to the effect that the challenge had been
tendered and that the plaintiff had refused to accept
it; and (2), that his testimony bore on the main issue
only (not on the special plea), and was therefore in
no sense responsible for the plaintiff’s defeat in the
former suit. Finally, he attacks the character of the
defendant who, in siding with Phormio against him,
had disregarded, he claims, a rather remote family
connexion with the speaker himself ; accuses him of
having stolen a document of which he had himself
intended to make use at the former trial ; and paints
him as a flagrant example of the odious money-
lender who is actuated only by love of gain.

But Stephanus is a minor figure. Apollodorus
devotes the last quarter of his speech to a venomous
attack upon the character of Phormio, charging him
not only with base ingratitude toward the family of
his benefactor, Pasio, but with gross immorality as
well. He taunts him with his barbarian birth and
with having been a slave, overlooking the fact that
the same was true of his own father; and he even
goes so far as to insinuate that his own younger
brother, Pasicles, who had supported Phormio, was
no true son of Pasio, but the fruit of an adulterous
union between his mother and Phormio.

174

AGAINST STEPHANUS, I

Naturally, afterreading Demosthenes’ eloquent and
convincing defence of Phormio (Oration XXXVI, in
this series, vol. i. pp. 323 ff.), one is surprised to find
in the Demosthenic collection this speech, written
for Apollodorus, and attacking Phormio in such
vigorous terms. Did the orator thus abruptly change
sides, and, if he did, is not his action in so doing open
to strong condemnation on ethical grounds ?

Regarding this question many different views have
been held. Admiration for Demosthenes as orator
and patriot has made not a few scholars unwilling to
admit that he can have been guilty of so unworthy
a course of action, and these unhesitatingly deny
that he was the author of the speech before us.
Others, holding that, except for this unwillingness
to admit that the orator stooped to this questionable
action, there is no real reason to deny the genuineness
of this oration, have sought to account for Demo-
sthenes’ action by assuming that he was influenced
by political expediency. It has been suggested, for
instance, that Apollodorus may have been induced to
make the proposal (in 350 B.c.) that the money paid
into the Theoric Fund should be used, not for re-
ligious purposes, but to defray military expenses—
a plan which Demosthenes must have favoured—,
and that he received in return the support of
Demosthenes in this suit.

That Demosthenes did write the speeches for both
parties in the case and that his reputation suffered
in consequence, is expressly stated by Plutarch (771.
Demos. 15, and Comp. Cic. et Dem. 3), but no one
among the contemporaries of Demosthenes makes this
charge. Aeschines, his bitter personal foe and one
ready to stoop to any slander, does indeed accuse

175

DEMOSTHENES

Demosthenes (De Falsa Legatione, ὃ 165; ef. Contra
Ctesiphontem, § 173) of accepting money from Phormio
for writing a speech for him and then divulging the
contents to Phormio’s adversary, Apollodorus ; but,
if Demosthenes was known to have actually written
the speeches which Apollodorus delivered against
Phormio, it is hard to believe that Aeschines would
not have made more of the charge.

The problem is further complicated by the fact
that there are in the Demosthenic collection six
other speeches which were delivered by Apollodorus.
These are Orations XLVI, XLIX, L, LII, LIII, and
LIX (some would add XLVII, as possibly written,
though not delivered, by Apollodorus). These
speeches agree in the main with one another in
point of style and general character, and it seems
safe to conclude that Apollodorus was the writer of
them all. But with reference to the former of the
two speeches against Stephanus that conclusion
seems to be ruled out by the fact that in style,
forensic art, and vigour it is so far superior to the
others that in the opinion of most scholars identity
of authorship is not to be thought of. For this speech
it seems clear that Apollodorus availed himself of the
help of someone far more able than he was. That
this person was Demosthenes is an opinion widely
held, and stilistic touches have here and there been
noted in this speech which find parallels in the genuine
works of the great orator. These, however, are far
from conclusive.

On this question, and on the oration before us, the
student should consult an article by J. Sigg, entitled
Der Verfasser neun angeblich von Dem. fiir Apollodor
geschriebenen Reden, in the 6th Supplementband of

176

AGAINST STEPHANUS, I

the Jahrbiicher fiir classische Philologie, pp. 396-434.
See Schaefer, iii. pp. 170 ff., and Blass, iii. pp. 467 ff.
There is a clear statement of the matters involved
also in Sandys and Paley, ii. pp. xxxix ff. The date
of the two orations against Stephanus is given by
Schaefer as about 351 B.c.

VOL. II N ifs

[1109]

XLV
KATA XTE®ANOY YEYAOMAPTYPION
A

Καταψευδομαρτυρηθείς, ὦ ἄνδρες ᾿Αθηναῖοι, καὶ
παθὼν ὑπὸ Φορμίωνος ὑβριστικὰ καὶ δεινά, δίκην
παρὰ τῶν αἰτίων ἥκω ληψόμενος παρ᾽ ὑμῖν.
δέομαι δὲ πάντων ὑμῶν καὶ ἱκετεύω καὶ ἀντιβολῶ,
πρῶτον μὲν εὐνοϊκῶς ἀκοῦσαΐ μου: μέγα γὰρ τοῖς
ἠτυχηκόσιν, ὥσπερ ἐγώ, δυνηθῆναι περὶ ὧν πε-
πόνθασιν εἰπεῖν καὶ εὐμενῶς ἐχόντων ὑμῶν ἀκροα-
τῶν τυχεῖν" εἶτ᾽ ἂν ἀδικεῖσθαι δοκῶ, βοηθῆσαί μοι
τὰ δίκαια. ἐπιδείξω δ᾽ ὑμῖν τουτονὶ Στέφανον
καὶ μεμαρτυρηκότα τὰ ψευδῆ, καὶ δι᾿ αἰσχρο-
κέρδειαν τοῦτο πεποιηκότα, καὶ κατήγορον αὐτὸν
αὑτοῦ γιγνόμενον: τοσαύτη περιφάνεια τοῦ πράγ-

/ > > > > > ς 5) es > ἪΝ \
patos ἐστιν. ἐξ ἀρχῆς δ᾽ ws ἂν οἷός τ᾽ ὦ διὰ
βραχυτάτων εἰπεῖν πειράσομαι τὰ πεπραγμένα μοι
πρὸς Φορμίωνα, ἐξ ὧν ἀκούσαντες τήν T ἐκείνου

4 See Aeschylus, Prometheus 637-639 for an almost
identical sentiment.

178

a as

ΧΕ

APOLLODORUS AGAINST STEPHANUS,
CHARGED WITH GIVING FALSE
TESTIMONY

I

Havine been overwhelmed by false testimony, men
of Athens, and having been outrageously and cruelly
treated by Phormio, I have come to win in your
court a verdict against those responsible for the wrong.
I beg and beseech and implore you all, in the first
place to give me a favourable hearing (for it is a great
thing for those who have met with misfortune, as I
have done, to be able to tell others of what they have
suffered, and to find in you listeners who are kindly
disposed) “; and in the second place, if I shall seem
to you to be the victim of wrongdoing, to render
me the aid which is my due. I shall prove to
you that this man Stephanus has both given false
testimony, and has done this from a base desire
for gain, and that he is convicted out of his own
lips ; so transparent is the case from every point
of view. And I shall endeavour to relate to you in
the fewest possible words all that has taken place
between Phormio and myself from the first ; and
after hearing this you will be convinced both of the

179

bo

3

[1103]

DEMOSTHENES

πονηρίαν καὶ τούτους, OTL τὰ ψευδῆ μεμαρτυρήκασι,
γνώσεσθε.

‘Eye γάρ, ὦ ἄνδρες δικασταί, πολλῶν χρημάτων
ὑπὸ τοῦ πατρὸς καταλειφθέντων “μοι, καὶ ταῦτα
Φορμίωνος ἐ ἔχοντος, κἄτι πρὸς τούτοις τὴν μητέρα
γήμαντος τὴν ἐμὴν ἀποδημοῦντος ἐμοῦ δημοσίᾳ
τριηραρχοῦντος ὑμῖν (ὃν τρόπον δ᾽, οὐκ ἴσως καλὸν
υἱεῖ περὶ μητρὸς ἀκριβῶς eeu ἐπειδὴ κατα-
πλεύσας ἠσθόμην καὶ τὰ πεπραγμέν᾽ εἶδον, πόλλ᾽
ἀγανακτήσας καὶ χαλεπῶς ἐνεγκών, δίκην μὲν οὐχ
οἷός 7 ἢν ἰδίαν λαχεῖν (οὐ γὰρ ἦσαν ἐν τῷ τότε
καιρῷ δίκαι, ἀλλ᾽ ἀνεβάλλεσθ᾽ ὑμεῖς διὰ τὸν
πόλεμον), γραφὴν δ᾽ ὕβρεως γράφομαι πρὸς τοὺς
θεσμοθέτας αὐτόν. χρόνου δὲ γιγνομένου, καὶ τῆς
μὲν γραφῆς ἐκκρουομένης, δικῶν δ᾽ οὐκ οὐσῶν,
γίγνονται παῖδες ἐκ τούτου τῇ μητρί. καὶ μετὰ
ταῦτ᾽ (εἰρήσεται γὰρ ἅπασα πρὸς ὑμᾶς ἡ ἀλήθει᾽,
ὦ ἄνδρες δικασταί) πολλοὶ μὲν καὶ Sa ΙΝ
λόγοι παρὰ τῆς μητρὸς ἐγίγνοντο καὶ δεήσεις ὑπὲρ
Φορμίωνος τουτουί, πολλοὶ δὲ καὶ μέτριοι καὶ
ταπεινοὶ παρ᾽ αὐτοῦ τούτου. ἵνα δ᾽, ὦ ἄνδρες
“AG alot, συντέμω ταῦτα, ἐπειδὴ ποιεῖν τ᾽ οὐδὲ

nvator, συντέμω ταῦτ ειδὴ i ev
WETO ae ὧν τόθ᾽ ὡμολόγησε, καὶ τὰ χρήματ᾽
ἀποστερεῖν ἐνεχείρησεν ἃ τῆς τραπέζης εἶχεν
ἀφορμήν, δίκην ἠναγκάσθην αὐτῷ λαχεῖν, ἐπειδὴ
τάχιστ᾽ ἐξουσία ἐ ἐγένετο. γνοὺς δ᾽ οὗτος ὅτι. πάντ᾽
ἐξελεγχθήσεται καὶ κάκιστος ἀνθρώπων περὶ ἡμᾶς

α The reference is to the hostilities between Athens and
Thebes in the period between the battle of Leuctra (371 B.c.)
and the battle of Mantinea (362 B.c.).

> See note a on p. 202 of vol. i.

ὁ The ὕβρεως γραφή was a public indictment for wanton

180

AGAINST STEPHANUS, I. 2-5

villainy of Phormio and that these men have borne
false testimony.

As for myself, men of the jury, a large property 3
was left me by my father, and this was in the pos-
session of Phormio, who furthermore had married my
mother while I was out of the country on public bus-
iness, serving as your trierarch. (How he managed it,
perhaps it is not proper for a son fully to explain about
his mother.) When I returned and learned of this
and saw what had been done, although I was greatly
incensed and took it much to heart, I was unable to 4
bring a private action (for there were no actions at
that time, since you put off all such matters because
of the war“), but I indicted him before the Thesmo-
thetae ὃ on the charge of outrage. However, time
passed and the “GHC ΠΣ was evaded (seeing that
actions were not being held), and moreover children
were born by my Pathe to Phormio, and after this
(for the whole truth shall be told you, men of the
jury), many kindly overtures were made on the part
of my mother, and pleas on behalf of this man
Phormio, and many overtures on the part of Phormio
himself that were both moderate and humble in their
terms. However, to make the story brief, men of 5
Athens, he would not do one of the things to which
he had agreed, and tried to withhold from me the
money which he held as capital in the bank; so then
I was compelled to enter suit against him at the
earliest opportunity. Phormio on his part, seeing
that everything would be brought to light, and that
he would be proved to have acted toward me as
outrage. It was a criminal charge, and involved the penalty
of a fine payable to the State, or, in extreme cases, even the
penalty of death. It was far more serious than a charge of
common assault (αἰκείας δίκη). See Oration LIV § 1

181

6

8

DEMOSTHENES

\ > / ~ ‘
γεγονὼς ἐπιδειχθήσεται, μηχανᾶται Kal KaTa-
/ ~ x4? \ Ἁ ΄
σκευάζει ταῦτα, ἐφ᾽ οἷς οὐτοσὶ Στέφανος τὰ ψευδῆ
/ \ ~ A Va
μου κατεμαρτύρησεν. Kal πρῶτον μὲν παρεγρά-
x / Δ ” \ > / ΜΝ
ψατο τὴν δίκην, ἣν ἔφευγε, μὴ εἰσαγώγιμον εἶναι
” a « 3 ~ > \ ~ >
ἔπειτα μάρτυρας, ws ἀφῆκα αὐτὸν τῶν ἐγκλη-
/ / A ‘ / /
μάτων, παρέσχετο ψευδεῖς, καὶ μισθώσεώς τινος
> / \ / > /
ἐσκευωρημένης καὶ διαθήκης οὐδεπώποτε yevo-
/ \ / / / A \
μένης. προλαβὼν δέ μου πρότερος λέγειν, διὰ TO
A Ἂν \ \ . / > ἂν \
παραγραφὴν εἶναι Kat μὴ εὐθυδικίᾳ εἰσιέναι, Kal
ταῦτ᾽ ἀναγνοὺς καὶ τἄλλ᾽ ὡς αὑτῷ συμφέρειν
ς a / Ὁ / \ ΄,
ἡγεῖτο ψευσάμενος, οὕτω διέθηκε τοὺς δικαστάς,
D φωνὴν μηδ᾽ ἡντινοῦν ἐθέλειν ἀκούειν ἡμῶν"
ὥστε φωνὴν μηδ᾽ ἠἡντ a ἡμ
A \ οἵ 5 / \ > sf /
προσοφλὼν δὲ τὴν ἐπωβελίαν Kat οὐδὲ λόγου
΄- > / > 3 \ > ”
τυχεῖν ἀξιωθείς, ἀλλ᾽ ὑβρισθεὶς ὡς οὐκ οἶδ᾽ εἴ τις
, > ἼΝΝ > θ , > , , > » 5
πώποτ᾽ ἄλλος ἀνθρώπων, ἀπήειν βαρέως, ὦ ἄνδρες
3 - \ ~ / / > Sie ~
Αθηναῖοι, καὶ χαλεπῶς φέρων. λόγον δ᾽ ἐμαυτῷ
/ A / \ / A
διδοὺς εὑρίσκω τοῖς δικάσασι μὲν τότε πολλὴν
/ ae > \ \ > A ᾽ vn” 4ς.9 “
συγγνώμην οὖσαν (ἐγὼ γὰρ αὐτὸς οὐκ ἂν οἶδ᾽ 6
a” > > / ~ / A
τι ἄλλ᾽ εἶχον ψηφίσασθαι, τῶν πεπραγμένων μὲν
\ > / \ \ / > > / /
μηδὲν εἰδώς, τὰ δὲ μαρτυρούμεν᾽ ἀκούων), τούτους
3 3 / + > ~ a ~ A ~ ~
δ᾽ ἀξίους ὄντας ὀργῆς, ot τῷ τὰ ψευδῆ μαρτυρεῖν
5 / \ \ A ~ ΝΜ
αἴτιοι τούτων ἐγένοντο. περὶ μὲν δὴ τῶν ἄλλων
~ / Ψ \ >? / > /
TOV μεμαρτυρηκότων, ὅταν πρὸς ἐκείνους εἰσίω,
»ι..9 > παν \ a 8 ¢ \ Ὁ φανο εμαρ-
τότ᾽ ἐρῶ: περὶ ὧν οὑτοσὶ Στέ ς μεμαρ
/ ” / / e ~
τύρηκεν, ἤδη πειράσομαι διδάσκειν ὑμᾶς.
\ 3 > A \ / \ > 4, /
Λαβὲ δ᾽ αὐτὴν τὴν μαρτυρίαν Kat ἀνάγνωθί μοι,
“5 > .} ~ >? /
ἵν᾽ ἐξ αὐτῆς ἐπιδεικνύω.

2 See note a on p. 50 of vol. i.
182

AGAINST STEPHANUS, I. 5-8

the basest of humankind, contrived and concocted
this plot in furtherance of which the defendant
Stephanus gave this false testimony against me. In
the first place, he entered a special plea in the suit in
which he was defendant, claiming that the suit was
not admissible ; and then he produced false witnesses
who stated that I had given him a release from my
claims, and who deposed to a forged lease and to a
will which never existed. He had the advantage over
me in being the first speaker, because this was a
special plea and the case was not coming to trial
upon the real issue, and by reading these documents
and making other false statements which he thought
would favour his case, he made such an impression
on the jury that they refused to hear a single word
from me. I was fined one-sixth of the amount
claimed,* was denied the right of a hearing, and was
treated with such contumely as I doubt if any other
man ever was, and I went from the court, men of
Athens, taking the matter bitterly and grievously
to heart. Upon going over it in my own mind,
however, I see that there was abundant excuse for
those who gave that verdict (for I do not know what
other vote I could myself have given, if I had known
nothing of the facts and had heard the testimony),
but that our anger should fall upon these men who
by giving false testimony were responsible for this
result. Of the others who have given testimony I
shall speak when I proceed against them, but re-
garding the testimony of the defendant Stephanus I
shall try to instruct you at once.

(To the clerk.) ‘Take the deposition itself, and read
it, please, that from its very language I may prove
my point.

183

[1104]

10

11

DEMOSTHENES
Λέγε: σὺ δ᾽ ἐπίλαβε τὸ ὕδωρ.
ΜΑΡΤΥΡΙΑ

Στέφανος Μενεκλέους ᾿Αχαρνεύς, "ἔνδιος ᾿Επιγένους
Λαμπτρεύς, Σκύθης ᾿Αρματέως Κυδαθηναιεὺς μαρτυροῦσι
παρεῖναι πρὸς τῷ διαιτητῇ Τεισίᾳ ᾿Α χαρνεῖ, ὅτε προύκα-
λεῖτο Φορμίων ᾿Απολλόδωρον, εἰ μή φησιν ἀντίγραφα
= RR Re ΣᾺ BE
εἶναι τῶν διαθηκῶν τῶν Πασίωνος τὸ γραμματεῖον ὃ
» ΄ ΄ > Ν ΝΑῸΣ » , \
ἐνεβάλετο Φορμίων εἰς τὸν ἐχῖνον, ἀνοίγειν τὰς δια-
θήκας τὰς Πασίωνος, ἃς παρεῖχε πρὸς τὸν διαιτητὴν
᾿Αμφίας ὁ Κηφισοφῶντος κηδεστής" ᾿Απολλόδωρον δὲ

οὐκ ἐθέλειν ἀνοίγειν" εἶναι δὲ τάδ᾽ ἀντίγραφα τῶν δια-
θηκῶν τῶν Ilaciwvos.

᾿Ηκούσατε μὲν τῆς μαρτυρίας, ὦ ἄνδρες δικασταί,
νομίζω δ᾽ ὑμᾶς, εἰ καὶ μηδὲν τῶν ἄλλων αἰ-
σθάνεσθέ πω, τοῦτό γ᾽ αὐτὸ θαυμάζειν, τὸ τὴν μὲν
ἀρχὴν τῆς μαρτυρίας εἶναι πρόκλησιν, τὴν δὲ
τελευτὴν διαθήκην. οὐ μὴν ἀλλ᾽ ἔγωγ᾽ οἶμαι δεῖν,
ἐπειδάν, ὃ τῶν μεμαρτυρημένων ὡσπερεὶ κεφά-
λαιόν ἐστ᾽, ἐπιδείξω ψεῦδος ὄν, τηνικαῦτ᾽ ἤδη καὶ
περὶ τῶν τοιούτων ποιεῖσθαι τοὺς λόγους. ἔστι δὴ
μεμαρτυρημένον αὐτοῖς, προκαλεῖσθαι Φορμίων᾽
ἀνοίγειν τὰς διαθήκας, ἃ ἃς παρέχειν πρὸς τὸν διαιτη-
τὴν Tevoiav ᾿Αμφίαν τὸν Κηφισοφῶντος κηδεστήν"
ἐμὲ δ᾽ οὐκ ἐθέλειν ἀνοίγειν: εἶναι δ᾽ ἃς αὐτοὶ με-
μαρτυρήκασιν διαθήκας ἀντιγράφους ἐκείνων. εἶθ᾽
ἡ διαθήκη γέγραπται. ἐγὼ τοίνυν περὶ μὲν τοῦ
προκαλεῖσθαί μ᾽ ἢ μὴ ταῦτα Φορμίων᾽ οὐδέν πω
λέγω, οὐδ᾽ ὑπὲρ τοῦ τὰς διαθήκας ἀληθεῖς ἢ
ευδεῖς εἶναι, ἀλλ᾽ αὐτίχ᾽ ὑμᾶς περὶ τούτων διδάξω:
ἀλλ᾽ ἃ μεμαρτυρήκασιν, μή μ᾽ ἐθέλειν τὸ γραμ-
184.

AGAINST STEPHANUS, I. 8-11
(To the clerk.) Read; and do you check the water.

Tue Deposition

Stephanus, son of Menecles, of Acharnae, Endius, son of
Epigenes, of Lamptrae, Seythes, son of Harmateus, of
Cydathenaeum * depose that they were present before the
arbitrator Teisias, of Acharnae, when Phormio challenged
Apollodorus, if he declared that the document which Phormio
put into the box was not a copy of the will of Pasio, to open
the will of Pasio, which Amphias, brother-in-law of Cephiso-
phon, submitted to the arbitrator; and that Apollodorus
refused to open it; and that the document in question was a
copy of the will of Pasio.

You have heard the deposition, men of the jury,
and I think that even if you have noticed nothing
else, this at least must have seemed strange to you,
that it begins with a challenge and ends with a will.
However, I on my part, count it right, when 1 shall
have shown what may be called the main substance
of the testimony to be false, then, and not till then,
to say something also about matters of that sort.
Well, then, it is deposed by them that Phormio
challenged me to open the will which Amphias,
brother-in-law of Cephisophon, submitted to the arbi-
trator Teisias ; and that I refused to open it; and
that the will to which they themselves deposed was
a copy of that original; and then follows a copy of
the will. Now as to whether Phormio tendered me
this challenge or not, and whether the will is genuine
or spurious I say nothing as yet; I will discuss these
matters before you presently: but I will take up
the testimony they have given, that I refused to

2 Acharnae was a deme of the tribe Oeneis, Lamptrae of
the tribe Erectheis, and Cydathenaeum of the tribe Pandionis.

185

eo)

1

[1106]

12

13

14

DEMOSTHENES

~ > re ~ ~ \
ματεῖον ἀνοίγειν. wot δὴ σκοπεῖτε, τοῦ Tis ἂν
> ~
εἵνεκ᾽ ἔφευγεν ἀνοίγειν τὸ γραμματεῖον. ἵν᾽ ἡ
ὃ θή \ / 4 ἡ / ~ ~
ιαθήκη νὴ Δία μὴ φανερὰ γένοιτο τοῖς δικασταῖς.
, ~ A
εἰ μὲν τοίνυν μὴ προσεμαρτύρουν TH προκλήσει τὴν
ὃ 7, a 7 ep 3} 78. \ , ” >
ιαθήκην οὗτοι, λόγον εἶχέν τιν᾽ av τὸ φεύγειν ἔμ
ἀνοίγειν τὸ γραμματεῖον: προσμαρτυρούντων δὲ
/ ~ ~
τούτων Kal τῶν δικαστῶν ὁμοίως ἀκουσομένων,
/ a / a \ > / τ A Δ /
τί ἦν μοι κέρδος TO μὴ ἐθέλειν; οὐδὲ ἕν δήπου.
> \ \ ᾽ ,ὔ > yy > - n” >]
αὐτὸ yap τοὐναντίον, ὦ ἄνδρες ᾿Αθηναῖοι, Kav εἰ
A - ~ 5 - λό δ᾽ > ~ ,
μηδὲν προὐκαλοῦνθ᾽ οὗτοι, λόγῳ δ᾽ ἐχρῶντο μόνον,
καὶ παρεῖχέν τις αὐτοῖς γραμματεῖον ὡς διαθήκην,
ἐμὸν ἦν τὸ προκαλεῖσθαι καὶ κελεύειν ἀνοίγειν
4 a”? > A + 5 Μ ~ ες A 4
ταύτην, Ww εἰ μὲν ἄλλ᾽ ἄττα τῶν ὑπὸ τούτων
μεμαρτυρημένων ἣν τἀκεῖ γεγραμμένα, μάρτυρας
εὐθὺς τῶν περιεστηκότων πολλοὺς ποιησάμενος,
τεκμηρίῳ τούτῳ καὶ περὶ τῶν ἄλλων, ὡς κατα-
5 + ey
oKevdlovow, ἐχρώμην: εἰ δὲ ταὔτ᾽ ἐνῆν, τὸν παρα-
A 5
σχόντ᾽ αὐτὸν ἠξίουν μαρτυρεῖν. ἐθελήσαντος μέν
5» « Ἦν > 4 +} > ” 4 , A
γ᾽ ὑπεύθυνον ἐλάμβανον, εἰ δ᾽ ἔφευγεν, πάλιν αὐτὸ
apy? e > ~
τοῦθ᾽ ἱκανὸν τεκμήριον ἦν μοι τοῦ πεπλάσθαι TO
~ >
πρᾶγμα. καὶ δὴ Kal συνέβαινεν ἐκείνως μὲν ἕν᾽
εἶναι, πρὸς ὃν τὰ πράγματ᾽ ἐγίγνετό μοι, ὡς δ᾽
οὗτοι μεμαρτυρήκασι, πρὸς πολλούς. ἔστιν οὖν
oa a“ « ~ afm? a > A A >) S23 δ ~
ὅστις av ὑμῶν ταῦθ᾽ εἵλετο; ἐγὼ μὲν οὐδέν᾽ ἡγοῦ-
> / ’ \ 3 + / > \
μαι. οὐ τοίνυν οὐδὲ κατ᾽ ἄλλου πιστεύειν ἐστὲ
/ δὴ / > » > ~ [2 \
δίκαιοι. Kal yap, ὦ ἄνδρες ᾿Αθηναῖοι, ὅσοις μὲν
> A ~ / 7 ~
πρόσεστιν ὀργὴ τῶν πραττομένων ἢ λῆμμά τι
186

AGAINST STEPHANUS, I. 11-14

open the document. I would have you look at

the matter in this way—what reason would anyone

have had for refusing to open it? In order, one

may say, that the will might not be shown to the

jury. Well and good. If they had not deposed 12
to the will as well as to the challenge, there would
have been some reason in my refusing to open the
document ; but since they deposed to both, and
the jurymen were going to hear the will in any
case, what advantage was there for me in refusing ?
None, assuredly. Quite the contrary, men of
Athens ; even if these men had tendered no chal-
lenge, but had merely talked of the matter, and
someone had delivered a document to them as a will,
it would have been my business to tender the chal-
lenge and to order them to open it, in order that, if
the contents differed from the statements which these
men had made in their deposition, I might have called
a number of the bystanders as witnesses, and have
used this fact as a proof that the rest of their story
too was a fabrication ; but, if the contents were the
same, I might have required the one presenting it to
_ give evidence himself. Ifhe consented, I should have
had a responsible witness, and, if he refused, this very
fact again would have been a convincing proof for me
that the affair had been concocted. And in the
former case the result would have been that I had
one person with whom to deal, whereas according to
the depositions of these men I have many. [5 there
anyone among you who would have chosen the latter
course ? I think not one of you would have. Well 14
then, you ought not to believe it of anyone else either.

For, men of Athens, in all courses of action which

involve anger or some getting of gain or exasperation

187

—"

3

[1106]

16

17

DEMOSTHENES

κέρδους ἢ παροξυσμὸς ἢ φιλονικία, ταῦτα μὲν
ἄλλος ἂν ἄλλως πράξειε πρὸς τὸν αὑτοῦ τρόπον"
ὅσοις δὲ τούτων μὲν μηδέν, λογισμὸς δ᾽ ἐφ᾽ ἡσυ-
χίας τοῦ συμφέροντος, τίς οὕτως ἄφρων ὅστις ἂν
τὰ συνοίσοντ᾽ ἀφείς, ἐξ ὧν κάκιον ἤμελλεν ἀγω-
νιεῖσθαι, ταῦτ᾽ ἔπραξεν; ἃ γὰρ οὔτ᾽ εἰκότ᾽ οὔτ᾽
εὔλογ᾽ οὔτ᾽ ἂν ἔπραξ᾽ οὐδὲ εἷς, ταῦθ᾽ οὗτοι μεμαρ-
τυρήκασιν περὶ ἡμῶν.

Οὐ τοίνυν μόνον ἐξ ὧν ἐμὲ μὴ θέλειν τὸ γραμ-
ματεῖον ἀνοίγειν μεμαρτυρήκασι, γνοίη τις ἂν
αὐτοὺς ὅτι ψεύδονται, ἀλλὰ καὶ ἐκ τοῦ πρόκλησιν
ὁμοῦ διαθήκῃ μαρτυρεῖν. οἶμαι γὰρ ἅπαντας ὑμᾶς
εἰδέναι, ὅτι ὅσα μὴ δυνατὸν πρὸς ὑμᾶς ἀγα-
γεῖν ἐστι τῶν πεπραγμένων, τούτων προκλήσεις
εὑρέθησαν. οἷον βασανίζειν οὐκ ἔστιν ἐναντίον
ὑμῶν" ἀνάγκη τούτου πρόκλησιν εἶναι. οἷον εἴ τι
πέπρακται καὶ γέγον᾽ ἔξω που τῆς χώρας, ἀνάγκη
καὶ τούτου πρόκλησιν εἶναι, πλεῖν ἢ βαδίζειν οὗ
τὸ πρᾶγμ᾽ ἐπράχθη: καὶ τῶν ἄλλων τῶν τοιούτων.
ὅπου δ᾽ αὐτὰ τὰ πράγματ᾽ ἐφ᾽ αὑτῶν ἔστιν ὑμῖν
ἐμφανῆ ποιῆσαι, τί ἦν ἁπλούστερον 7 ἢ ταῦτ᾽ ἄγειν
εἰς μέσον; ᾿Αθήνησι μὲν τοίνυν ὁ πατὴρ ἐτε-
λεύτησεν οὑμός, ἐγίγνετο δ᾽ ἡ δίαιτ᾽ ἐν τῇ ποικίλῃ
στοᾷ, μεμαρτυρήκασι δ᾽ οὗτοι παρέχειν τὸ γραμ-
ματεῖον ᾿Αμφίαν. πρὸς τὸν διαιτητήν. οὐκοῦν εἴπερ
ἀληθὲς ἦν, ἐχρῆν αὐτὸ τὸ γραμματεῖον εἰς τὸν
ἐχῖνον ἐμβαλεῖν καὶ τὸν “παρέχοντα “μαρτυρεῖν, ἵν᾽
ἐκ τῆς ἀληθείας καὶ τοῦ τὰ σημεῖ᾽ ἰδεῖν, οἱ μὲν

2 The Painted Stoa was the largest and finest of the porticoes
surrounding the agora. It got its name from the famous
paintings with which its walls were adorned.

» See Aristotle, Constitution of Athens liii. 2

188

AGAINST STEPHANUS, I. 14-17

or a spirit of jealousy, different persons will act in
different ways in accordance with their several dis-
positions ; but in all cases where none of these things
is involved, but merely a calm calculation of one’s
own interest, who would be so senseless as to dismiss
what would help him and do what would make it
more difficult for him to win his case? Yet a course
of action which is neither natural nor reasonable,
which, in short, no human being would have under-
taken—this these witnesses have attributed to me.
Moreover, it is not only from what they have stated
in their deposition regarding my refusal to open the
document that one can tell that they are lying, but
also from the fact that they have deposed at one and
the same time both to a challenge and to a will. For
I think you are all aware that challenges were devised
for all transactions which it is impossible to bring
before you ; for instance, a man may not be put to
torture in your presence—for this it is necessary that
there be a challenge ; again, if anything has been
transacted and has taken place somewhere out of the
country, it is necessary that for this too there should
be a challenge to go by sea or land to the place where
the thing was done ; and so for other things of that
sort. But in cases where it is possible to produce the
things themselves before your eyes, what could be
simpler than to produce them publicly ? Well, my
father died at Athens, the arbitration took place in
the Painted Stoa,“ and these men have deposed that
Amphias produced the document before the arbi-
trator. Then, if it was genuine, the document ought
to have been put into the box,? and the one producing
it should have so testified, in order that the jurymen
might have reached a decision in accordance with the

189

1

--

—

9

6

7

DEMOSTHENES

δικασταὶ τὸ πρᾶγμ᾽ ἔγνωσαν, ἐγὼ δ᾽ εἴ τις ἠδίκει
18 μ᾽, ἐπὶ τοῦτον ἦα. νῦν δ᾽ εἷς μὲν οὐδεὶς ὅλον τὸ
πρᾶγμ᾽ ἀνεδέξατο, οὐδὲ μεμαρτύρηκεν ἁπλῶς, ὡς
ἄν τις τἀληθῆ μαρτυρήσειε, μέρος δ᾽ ἕκαστος, ὡς
δὴ σοφὸς καὶ διὰ τοῦτ᾽ οὐ δώσων δίκην, ὁ μὲν
γραμματεῖον ἔχειν ἐφ᾽ ᾧ γεγράφθαι i διαθήκη Πα-
σίωνος,᾽ ὁ δὲ “πεμφθεὶς ὑ ὑπὸ τούτου παρέχειν τοῦτ᾽,
19 εἰ δ᾽ ἀληθὲς ἢ ψεῦδος, οὐδὲν εἰδέναι. οἷδὲ δὲ τῇ
[ 1107] προκλήσει χρησάμενοι παραπετάσματι, διαθήκας
ἐμαρτύρησαν, ὡς οἱ μὲν δικασταὶ ταύτην τὴν δια-
θήκην ἐπίστευσαν τοῦ πατρὸς εἶναι, ἐγὼ δ᾽ ἀπ-
εκλείσθην τοῦ λόγου τυχεῖν ὑπὲρ ὧν ἀδικοῦμαι,
οὗτοι δὲ ἂν μάλισθ᾽" “φωραθεῖεν τὰ ψευδῆ μεμαρ-
τυρηκότες. καίτοι τό v7 ἐναντίον ᾧοντο τούτου.
Ἵνα δ᾽ εἰδῆθ᾽ ὅτι ταῦτ᾽ ἀληθῆ λέγω, λαβὲ τὴν

τοῦ Κη το οὶ μαρτυρίαν.

MAPTYPIA

Κηφισοφῶν Κεφαλίωνος ᾿Αφιδναῖος μαρτυρεῖ κατα-
λειφθῆναι αὐτῷ ὑπὸ τοῦ πατρὸς γραμματεῖον, ἐφ᾿ ᾧ
ἐπιγεγράφθαι “διαθήκη Πασίωνος."

20 Οὐκοῦν ἦν ἁπλοῦν, ὦ ἄνδρες δικασταί, τὸν ταῦτα
ce ἘΝ \ \
μαρτυροῦντα προσμαρτυρῆσαι “᾿ εἶναι δὲ τὸ γραμ-
ματεῖον, ὃ αὐτὸς παρέχει, τοῦτο,᾽ καὶ τὸ γραμ-
ματεῖον ἐμβαλεῖν. ἀλλὰ τοῦτο μέν, οἶμαι, τὸ ψεῦδος
€ A > ~ Μ \ / “” ~ b) ~
ἡγεῖτ᾽ ὀργῆς ἀξιον, καὶ δίκην av ὑμᾶς παρ᾽ αὐτοῦ
αβεῖν, γραμματεῖον δ᾽ αὑτῷ καταλειφθῆναι μαρ-

1 ἂν μάλισθ᾽, placed after οὗτοι δὲ instead of after ὡς (3 lines
above), G. H. Schaefer.

« Aphidna was a deme of the tribe Aeantis.
190

AGAINST STEPHANUS, I. 17-20

truth and after an inspection of the seals ; and I, on
my part, if anyone was wronging me, might have
proceeded against him. But, as it is, no one person
has taken the whole matter upon himself or given
straightforward testimony, as one would do in testi-
fying to the truth, but each has deposed to a part
of the story, fancying that he is very clever and
that for this reason he will escape punishment,—
one of them deposing that he holds a document on
which is written “‘ the will of Pasio”’ ; another that,
being sent by the former person, he produced this
document, but had no knowledge as to whether it
was genuine or spurious. These men, who are here
in court, using the challenge as a screen, deposed to a
will in such a way that the jurymen believed this will
to be my father’s, and I was debarred from obtaining
a hearing regarding my wrongs, but in such a way
also that they on their part would most clearly be
convicted of having given false testimony. And yet
this was the very opposite of what they intended.

However, that you may know that I am speaking
the truth in this, (to the clerk) take the deposition of
Cephisophon.

Tue Depostrion

Cephisophon, son of Cephalion, of Aphidna,* deposes that
a document was left him by his father, on which was inscribed
* the will of Pasio.”

It was a simple thing, men of the jury, for the one :

who gave this testimony to add “ and this is the docu-
ment which the deponent exhibits,’ and to put the
document into the box. But, I presume, he thought
that this falsehood would deserve your indignation,
and that you would punish him for it, whereas to
testify that a document had been bequeathed to him

191

_

bo

9

DEMOSTHENES

~ ~ \ > / ” \ ~ > > ‘ ‘
τυρῆσαι φαῦλον καὶ οὐδέν. ἔστι δὲ τοῦτ᾽ αὐτὸ TO
δηλοῦν καὶ κατηγοροῦν ὅτι πᾶν τὸ πρᾶγμα κατ-
21 εσκευάκασιν. εἰ μὲν γὰρ ἐπῆν ἐπὶ τῆς διαθήκης
ce / \ / yh A £E A / > 9)
Πασίωνος καὶ Doppiwvos,”’ ἢ “ πρὸς Φορμίων
τοιοῦτό τι, εἰκότως ἂν αὐτὴν ἐτήρει τούτῳ᾽
> δ᾽ iJ / > ~ ce ὃ θ / Π / z
εἰ δ᾽, ὥσπερ μεμαρτύρηκεν, ἐπῆν “᾿ διαθήκη Llacw
vos,” πῶς οὐκ ἂν ἀνῃρήμην αὐτὴν ἐγώ, συνειδὼς
\ > ~ / 3 / \ >
μὲν ἐμαυτῷ μέλλοντι δικάζεσθαι, συνειδὼς ὃ
ὑπεναντίαν οὖσαν, εἴπερ ἦν τοιαύτη, τοῖς ἐμαυτῷ
συμφέρουσι, κληρονόμος δ᾽ ὧν καὶ ταύτης, εἴπερ
ἣν τοὐμοῦ πατρός, καὶ τῶν ἄλλων τῶν πατρῴων
22 ὁμοίως; οὐκοῦν τῷ παρέχεσθαι μὲν Φορμίωνι,
γεγράφθαι δὲ Πασίωνος, εἰᾶσθαι δ᾽ ὑφ᾽ ἡμῶν,
[1108] ἐξελέγχεται κατεσκευασμένη μὲν ἡ διαθήκη, ψευ-
\ > ¢€ ~ ~ / > > TA
δὴς δ᾽ ἡ τοῦ Κηφισοφῶντος μαρτυρία. ἀλλ᾽ ἐῶ
Κηφισοφῶντα- οὔτε γὰρ νῦν μοι πρὸς ἐκεῖνόν ἐστιν,
οὔτ᾽ ἐμαρτύρησεν ἐκεῖνος περὶ τῶν ἐν ταῖς δια-
23 θήκαις ἐνόντων οὐδέν. καίτοι καὶ τοῦτο σκοπεῖτε,
ὅσον ἐστὶ τεκμήριον, ὦ ἄνδρες ᾿Αθηναῖοι, τοῦ
τούτους τὰ ψευδῆ μεμαρτυρηκέναι. εἰ γὰρ ὁ μὲν
αὐτὸς ἔχειν τὸ γραμματεῖον μαρτυρῶν, οὐκ
ἐτόλμησ᾽ ἀντίγραφ᾽ εἶναι ἃ παρείχετο Φορμίων
~ - 3
τῶν παρ᾽ αὑτῷ μαρτυρῆσαι, οὗτοι δ᾽ οὔτ᾽ ἐξ
~ ~ 5) ~ > \
ἀρχῆς ὡς παρῆσαν ἔχοιεν ἂν εἰπεῖν, οὔτ᾽ ἀνοιχθὲν
> ~ ~ A \
εἶδον πρὸς τῷ διαιτητῇ TO γραμματεῖον, ἀλλὰ Kat
,
μεμαρτυρήκασιν αὐτοὶ μὴ θέλειν ἔμ᾽ ἀνοίγειν,
ταῦθ᾽ ὡς ἀντίγραφ᾽ ἐστὶν ἐκείνων μεμαρτυρηκότες,
τί ἀλλ᾽ ἢ σφῶν αὐτῶν κατήγοροι γεγόνασιν ὅτι
ψεύδονται;
” / xy ΝΜ > - ~ / /
24 “Ere τοίνυν, ὦ ἄνδρες ᾿Αθηναῖοι, πῶς γέγραπταί

102

AGAINST STEPHANUS, I. 20-24

was a trifling matter and one of no consequence.
And yet it is this very thing that makes the whole
matter clear, and proves that they have concocted it.
For if the inscription on the will had been “ the
property of Pasio and Phormio ” or “ in the matter
of Phormio,” or something of that sort, he would
naturally have kept it for him; but if, as he has
testified, the inscription was “ the will of Pasio,” I
should certainly have appropriated it, knowing that I
was about to go to law, and knowing further that, if
its contents were as represented, it was prejudicial
to my interests ; for I was the heir, and if the will
was my father’s, it belonged to me, as did also all the
rest of my father’s estate. Well then, by its having
been produced to Phormio, by its having been in-
scribed “ the will of Pasio,” and yet ignored by me,
it is proved that the will is a forgery and that the
testimony of Cephisophon is false. But no more of
Cephisophon ; it is not with him that I have to do
at present, and he has given no testimony as to the
contents of the will. And yet, men of Athens, I
would have you consider how strong a proof this also
is that these men have given false testimony. For
when the witness who stated that he had the docu-
ment in his own possession did not dare to say that
the one produced by Phormio was a copy of the one
in his own keeping ; and when these men cannot
state that they were present in the first instance or
that they saw the document opened before the arbi-
trator, but have themselves actually deposed that I
refused to open it, to have testified now that the one
is a copy of the other, is not this to have accused
themselves of falsifying ?

bo
bo

bo

More than all this, men of Athens, any man by 24

VOL. II oO 193

DEMOSTHENES

τις av ἐξετάσας τὴν μαρτυρίαν, γνοίη παντελῶς

τοῦτο μεμηχανημένους αὐτούς, ὅπως καὶ δικαίως
καὶ ἀδίκως δόξει ταῦθ᾽ ὁ πατὴρ οὑμὸς διαθέσθαι.
\ > > \ \ / \ ipa) > ‘

Λαβὲ δ᾽ αὐτὴν τὴν μαρτυρίαν, καὶ λέγ᾽ ἐπισχὼν

= ΩΣ , Ch be ot) 5 ee ,
OU αν σε κελεύω, ιν ἐξ αυτὴς δεικνύω.

MAPTYPIA
Μαρτυροῦσι παρεῖναι πρὸς τῷ διαιτητῇ Τεισίᾳ, ὅτε
προὐκαλεῖτο Φορμίων ᾿Απολλόδωρον, εἰ μή φησιν ἀντί-
γραφα εἶναι τῶν διαθηκῶν τῶν Ἰ]ασίωνος ..
- > ~ ~
25 ᾿Επίσχες. ἐνθυμεῖσθ᾽ ὅτι “᾿ τῶν διαθηκῶν ᾿᾿
~ / ~ A
γέγραπται “ τῶν Ilaciwvos.”’ καίτοι χρῆν τοὺς
β λ / iA An ~ >] \ 1A >
ουλομένους τἀληθῆ μαρτυρεῖν, εἰ τὰ μάλιστ
> / > < / ¢€ > > / > /
ἐγίγνεθ᾽ ἡ πρόκλησις, ὡς οὐκ ἐγίγνετο, ἐκείνως
μαρτυρεῖν.

Λέγε τὴν μαρτυρίαν ἀπ᾽ ἀρχῆς πάλιν.

[1109] ΜΑΡΤΎΡΙΑ
Μαρτυροῦσι παρεῖναι πρὸς τῷ διαιτητῇ Τεισίᾳ ese
~ ~ A / ,

Μαρτυροῦμεν: παρημεν yap δή" λέγε.

ὅτε προὐκαλεῖτο Φορμίων ᾿Απολλόδωρον

A ~ > ” , ye > ~ a“ »
Kai TOUT , €l7TEp προὐκαλεῖτ ) ὀρθῶς αν εμαρ-
τύρουν.

εἰ μή φησιν ἀντίγραφα εἶναι τῶν διαθηκῶν τῶν
Πασίωνος

~ 4 κ»
20 "Ey αὐτοῦ. οὐδ᾽ ἂν εἷς ἔτι δήπου τοῦτ᾽ ἐμαρ-

104.

AGAINST STEPHANUS, I. 24-26

examining the wording of the deposition can see that
it is nothing but a contrivance of theirs to the end
that rightly or wrongly it may appear that my father
made this will.

(To the clerk.) But take the deposition itself, and
read, stopping wherever I bid you, that from its own
wording I may prove my point.

Tue Derposrrion

. depose that they were present before the arbitrator
Teisias, when Phormio challenged Apollodorus, if he de-
clared that the document was not a copy of the will of
Pasion τ -

Stop reading. Bear in mind that the words are “‘of 25

the will of Pasio.”” Now persons who wished to bear
witness to the truth—assuming that it is absolutely
established that the challenge was tendered, which
it was not—ought to have given their testimony in the
following way.

(To the clerk. ) Read the deposition again from the
beginning.

Tue Derposirion

. depose that they were present before the arbitrator
dM GISIAS τὸς

We do depose ; for we were present. Read on.
- when Phormio challenged Apollodorus .

This, too, they might properly have stated, assum-
ing that he really tendered the challenge.

. . if he declared that the document was not a copy of
the will of Pasio . .

Stop right there. There is not a person in the
world, I presume, who would have proceeded to give

195

26

DEMOSTHENES

ie > / \ ~ / ~

TUpnoev, εἰ μή τις Kal παρῆν διατιθεμένῳ τῷ

\ » ~ > 3 > 4 μ᾿ > ce / > ε ΄

πατρὶ τὠμῷ: ἀλλ᾽ εὐθὺς ἂν εἶπε" “Ti δ᾽ ἡμεῖς

” ” / > ~ / 2) A

ἴσμεν, εἴ τινές εἰσιν διαθῆκαι Ἰασίωνος; καὶ

/ \ ~ ~

γράφειν av αὐτὸν ἠξίωσεν, ὥσπερ ἐν ἀρχῇ τῆς

/ ce 3 / > "ἢ \ > / s
προκλήσεως “et μή dn ἐγὼ ἀντίγραφα εἶναι
κι ee ye “ oF ,
τῶν διαθηκῶν, οὕτως “ dv φησι Φορμίων 11α-
σίωνα καταλιπεῖν, οὐ “᾿ τῶν Πασίωνος. τοῦτο
oe τὰ A =
μὲν γὰρ ἦν εἶναι διαθήκας μαρτυρεῖν, ὅπερ ἦν τού-
΄ > ~ A /, /

τοις βούλημα, ἐκεῖνο δὲ φάσκειν Φορμίωνα:

πλεῖστον δὲ δήπου κεχώρισται τό τ᾽ εἶναι καὶ τὸ
τοῦτον φάσκειν.

“ / 5 ay? ε \ [2 / \ a > \

21 “Iva τοίνυν εἰδῆθ᾽ ὑπὲρ ἡλίκων καὶ ὅσων ἦν TO

κατασκεύασμα τὸ τῆς διαθήκης, μίκρ᾽ ἀκούσατέ

μου. ἦν γάρ, ὦ ἄνδρες ᾿Αθηναῖοι, τοῦτο πρῶτον

\ ὝΣΤΟΥ A \ A , a 7, a“

μὲν ὑπὲρ τοῦ μὴ δοῦναι δίκην ὧν διεφθάρκει, ἣν

> \ \ > \ / ec - 23») ) »κ» Ἃ > \

ἐμοὶ μὲν οὐ καλὸν λέγειν, ὑμεῖς δ᾽ ἴστε, κἂν ἐγὼ

μὴ λέγω, ἔπειθ᾽ ὑπὲρ τοῦ κατασχεῖν ὅσ᾽ ἦν τῷ

ἡμετέρῳ πατρὶ χρήματα παρὰ τῇ μητρί, πρὸς δὲ

τούτοις ὑπὲρ τοῦ καὶ τῶν ἄλλων τῶν ἡμετέρων

ἁπάντων κυρίῳ γενέσθαι. ὅτι δ᾽ οὕτω ταῦτ᾽ ἔχει,

τῆς διαθήκης αὐτῆς ἀκούσαντες γνώσεσθε: φανή-

σεται γὰρ οὐ πατρὸς ὡς ὑπὲρ υἱέων γράφοντος

ἐοικυῖα διαθήκῃ, ἀλλὰ δούλου λελυμασμένου τὰ

τῶν δεσποτῶν, ὅπως μὴ δώσει δίκην σκοποῦντος.

Λέγε δ᾽ αὐτοῖς τὴν διαθήκην αὐτήν, ἣν οὗτοι μετὰ

τῆς προκλήσεως μεμαρτυρήκασιν: ὑμεῖς δ᾽ ἐνθυ-
μεῖσθ᾽ ἃ λέγω.

28
[1110]

« This assumption of reluctance to speak of his mother is in

196

AGAINST STEPHANUS, I. 26-28

this testimony, unless he had been present when my
father drew up the will. Instead, he would have
said at once, “ How do we know if there is any will
of Pasio’s ?’’—and he would have demanded that
Phormio write, as in the beginning of the challenge :

“ If I declared that the document was not a copy of
the will which Phormio stated that Pasio had left,”
—not “of the will of Pasio.” For this was to
testify that there was a will (which was their
intention), the other that Phormio said that there
was. And, I take it, there is a world of difference
between a thing’s being so, and Phormio’s saying
that it is.

So, in order that you may know how many and how
important objects were to be secured by the fabrica-
tion of the will, listen fora moment. ‘The first, men
of Athens, was this, that Phormio should escape
paying the penalty for corrupting one whom it is not
proper for me to name, but whom you know of your-
selves, even if I do not name her”; next, that he
might get possession of my father’s property which
was in my mother’s keeping ; and in addition to this,
that he might become master of everything else
which belonged to us. That this is so, you will be
convinced when you hear the will. For it will be
found, not like that of a father writing in the interest
of his sons, but like that of a slave who has shamefully
misused what belonged to his master, and who is
seeking how he may escape punishment.

(To the clerk.) Read them the will itself, to which :

these men have deposed along with the challenge ;
and do you mark well what I say.

glaring contrast with the gross accusation made against her
later in the speech.

197

bo

bo

27

29

90

DEMOSTHENES

AIA@HKH

Τάδε διέθετο ΤΙασίων ᾿Αχαρνεύς" δίδωμι τὴν ἐμαυ-
τοῦ γυναῖκα ᾿Αρχίππην Φορμίωνι, καὶ προῖκα ἐπιδίδωμι
᾿Αρχίππῃ τάλαντον μὲν τὸ ἐκ Πεπαρήθου, τάλαντον
δὲ τὸ αὐτόθεν, συνοικίαν ἑκατὸν μνῶν, θεραπαίνας καὶ
χρυσία, καὶ τἄλλ᾽ ὅσα ἐστὶν αὐτῇ ἔνδον, ἅπαντα ταῦτα

᾿Αρχίππῃ δίδωμι.

Os > A = ~

᾿Ηκούσατ᾽, ὦ ἄνδρες ᾿Αθηναῖοι, τὸ πλῆθος τῆς

προικός, τάλαντον ἐκ [Ϊεπαρήθου, τάλαντον αὐ-

τόθεν, συνοικίαν ἑκατὸν μνῶν, θεραπαίνας καὶ

,ὔ Pee) ” > ..} ~ /

χρυσία, καὶ τἄλλα, φησίν, ὅσ᾽ ἔστ᾽ αὐτῇ, δίδωμι,

τούτῳ τῷ γράμματι καὶ τοῦ ζητῆσαί τι τῶν
καταλειφθέντων ἀποκλείων ἡμᾶς.

Φέρε δὴ δείξω τὴν μίσθωσιν ὑμῖν, καθ᾽ ἣν
ἐμεμίσθωτο τὴν τράπεζαν παρὰ τοῦ πατρὸς οὗτος.
καὶ γὰρ ἐκ ταύτης, καίπερ ἐσκευωρημένης, ὄψεσθ᾽
a / > [2 > \ « / ,ὔ > a
ὅτι πλάσμ᾽ ὅλον ἐστὶν ἡ διαθήκη. δείξω δ᾽ ἣν
οὗτος παρέσχετο μίσθωσιν, οὐκ ἄλλην τινά, ἐν ἡ
προσγέγραπται ἕνδεκα τάλαντα ὁ πατὴρ ὀφείλων
εἰς τὰς παρακαταθήκας τούτῳ. ἔστι δ᾽, οἶμαι,
ταῦτα τοιαῦτα. τῶν μὲν οἴκοι χρημάτων ὡς ἐπὶ
τῇ μητρὶ δοθέντων διὰ τῆς διαθήκης αὑτὸν ἐποίησε
κύριον, ὥσπερ ἀκηκόατ᾽ ἄρτι, τῶν δ᾽ ἐπὶ τῆς
τραπέζης ὄντων, ἃ πάντες ἤδεσαν καὶ λαθεῖν οὐκ
ἦν, διὰ τοῦ προσοφείλοντ᾽ ἀποφῆναι τὸν πατέρ᾽
« ~ 73 ae 3 > r / ” ,ὔ θ ἊΝ
ἡμῶν, ἵν᾽, 60° ἐξελέγχοιτο ἔχων, κεκομίσθαι φαίη.
« A > ὦ) > \ ε / “ ὔ ~
ὑμεῖς δ᾽ ἴσως αὐτὸν ὑπειλήφατε, ὅτι σολοικίζει TH

« Peparethus is a small island north of Euboea, on which
was an Athenian colony. Its modern name is Skopelos.

» **godotkos is a word of narrower meaning than βάρβαρος,
and is applied mainly to faults of pronunciation or mistakes
in Grammar, especially Syntax, due to foreign origin’

198

AGAINST STEPHANUS, I. 28-30

THe WiLL

This is the will of Pasio of Acharnae. I give my wife
Archippé to Phormio, and I give as dowry to Archippé the
talent due to me at Peparethus,* the talent due to me here
in Athens, a lodging-house worth one hundred minae, the
female slaves and jewelry, and all else that she has in the
house. All these things I give to Archippé.

You have heard, men of Athens, the large amount
of the dowry,—a talent from Peparethus, a talent
from Athens, a lodging-house worth a hundred minae,
female slaves and jewelry, and all else that she has in
her possession—I give it all, says the will; and by
this clause he precludes us even from searching for
any of the property that was left.

Now let me show you the lease under which Phormio
had taken the bank from my father ; for from this
also, spurious though it is, you will see that the will is
fabrication through and through. 1 will set forth for
you, not a different lease, but the one which Phormio
produced, in which there is an added clause setting
down my father as owing Phormio eleven talents on the

5

29

deposits. This had, I think, the following purpose. Of 30

the effects in the house he made himself master by the
will, on the ground that they had been given as a
dowry with my mother, as you have just heard ; but
the money in the bank, about which everybody knew,
and which could not be hidden, he got into his hands
by representing that our father owed it, so that what-
ever sums he might be proved to have in his possession
he might claim to have received in payment. You
have perhaps imagined, because he solecizes” in his

(Sandys). It would, however, be quite futile to look for a
specific error in the, very probably spurious, lease inserted in
the oration.

199

[1111]

91

32

33

DEMOSTHENES

φωνῇ, βάρβαρον καὶ εὐκαταφρόνητον εἶναι. ἔστι
δὲ βάρβαρος οὗτος τῷ μισεῖν οὗς αὐτῷ προσῆκεν
τιμᾶν: τῷ δὲ κακουργῆσαι καὶ διορύξαι πράγματ᾽
οὐδενὸς λείπεται.

Λαβὲ δὴ τὴν μίσθωσιν καὶ λέγε, ἣν τὸν αὐτὸν
τρόπον διὰ προκλήσεως ἐνεβάλοντο.

ΜΙΣΘΩΣΙΣ ΤΡΑΠΕΖΗΣ

Κατὰ τάδε ἐμίσθωσε Ἰ]ασίων τὴν τράπεζαν Φορμίωνι"
μίσθωσιν φέρειν Φορμίωνα τῆς τραπέζης τοῖς παισὶ τοῖς
Πασίωνος δύο τάλαντα καὶ τετταράκοντα μνᾶς τοῦ ἐνιαυ-
τοῦ ἑκάστου, χωρὶς τῆς καθ᾽ ἡμέραν διοικήσεως" μὴ
ἐξεῖναι δὲ τραπεζιτεῦσαι χωρὶς Φορμίωνι, ἐὰν μὴ πείσῃ
τοὺς παῖδας τοὺς Πασίωνος. ὀφείλει δὲ [Πασίων ἐπὶ τὴν
τράπεζαν ἕνδεκα τάλαντα εἰς τὰς παρακαταθήκας.

“As μὲν τοίνυν παρέσχετο συνθήκας ws κατὰ
ταύτας μισθωσάμενος τὴν τράπεζαν, αὗταί εἰσιν,
ὦ ἄνδρες δικασταί. ἀκούετε δ᾽ ἐν ταύταις ἀνα-
γιγνωσκομέναις, μίσθωσιν μὲν φέρειν τοῦτον, ἄνευ
τῆς καθ᾽ ἡμέραν διοικήσεως, δύο τάλαντα καὶ

“, ~ ~ ? ~ ¢ ΄
τετταράκοντα μνᾶς τοῦ ἐνιαυτοῦ ἑκάστου, “μὴ
ἐξεῖναι δὲ τραπεζιτεύειν αὐτῷ, ἐὰν μὴ ἡμᾶς πείσῃ.
προσγέγραπται δὲ τελευταῖον ᾿ ὀφείλει δὲ Πασίων
ἕνδεκα τάλαντα εἰς τὰς παρακαταθήκας.᾽ ἔστιν
οὖν ὅστις ἂν τοῦ ξύλου καὶ τοῦ χωρίου καὶ τῶν
γραμματείων τοσαύτην ὑπέμεινε φέρειν μίσθωσιν;
ἔστι δ᾽ ὅστις ἄν, δι᾿ ὃν ὠφειλήκει τοσαῦτα χρήμαθ᾽
ἡ τράπεζα, τούτῳ τὰ λοίπ᾽ ἐπέτρεψεν; εἰ γὰρ

α The metaphor is from house-breaking.

δ Pasio is stated by Phormio to have owed the bank eleven
talents (Oration XXXVI § 4). This debt may be assumed
to have been properly secured, so that it was in no sense a

200

AGAINST STEPHANUS, I. 30-33

speech, that he is a barbarian and a man readily to be
despised. The fellow is indeed a barbarian in that
hé hates those whom he ought to honour ; but in
villainy and in bringing matters to ruin “ he is second
to none.

(To the clerk.) Take the lease and read it—the
lease which they put in, as they did the will, by

means of a challenge.

Tue LEASE ΟΕ THE BAnkK

On the following terms Pasio has let the bank to Phormio:
Phormio is to pay to the sons of Pasio as rental for the bank
two talents and forty minae each year above the daily
expenditure, and it shall not be lawful for Phormio to carry
on a banking business independently unless he first obtains
the consent of the sons of Pasio. And Pasio owes the bank
eleven talents upon the deposits.

This, men of the jury, is the agreement which
Phormio produced, alleging that he had leased the
bank upon these terms. You learn from hearing it
read that Phormio, over and above the daily ex-
penditure, was to pay as rent two talents and forty
minae each year, and that it was not to be permitted
him to carry on a banking business, unless he ob-
tained our consent ; and there is added as a final
statement, “‘ Pasio owes eleven talents upon the
deposits.’’ Now, is there any man who would have
submitted to the payment of so large a rental for
the counter, the site, and the books ? And is there
any man who would have entrusted the rest of the
assets to a man thanks to whom the bank had
incurred so great a liability? For, if there was
deficit. The present speaker, however, represents it as such,
and implies that the bank had been brought to insolvency
through Phormio’s incompetence.

201

31

32

94

[1119]

DEMOSTHENES

ἐνεδέησε τοσούτων χρημάτων, τούτου διοικοῦντος
ἐνεδέησεν. ἴστε γὰρ πάντες, καὶ ὅτ᾽ ἦν ὁ πατὴρ
ἐπὶ τοῦ τραπεζιτεύειν, τοῦτον καθήμενον καὶ
διοικοῦντ᾽ ἐπὶ τῇ τραπέζῃ, ὥστ᾽ ἐν τῷ μύλωνι
προσῆκεν αὐτὸν εἶναι μᾶλλον ἢ τῶν λοιπῶν | κύριον
γενέσθαι. ἀλλ᾽ ἐῶ ταῦτα καὶ τἄλλ᾽ ὅσ᾽ ἂν περὶ
τῶν ἕνδεκα ταλάντων ἔχοιμ᾽ εἰπεῖν, ὡς οὐκ Wher
ὁ πατὴρ, ἀλλ᾽ οὗτος ὑφήρηται.

᾿Αλλ᾽ οὗ ἀνέγνων εἵνεκα, τοῦ τὴν διαθήκην ψευδῆ
δεῖξαι, τοῦθ᾽ ὑμᾶς ἀναμνήσω. γέγραπται γὰρ
αὐτόθι, μὴ ἐξεῖναι δὲ τραπεζιτεύειν Φορμίωνι, ἐὰν
μὴ ἡμᾶς πείσῃ. τοῦτο τοίνυν τὸ γράμμα παντελῶς
δηλοῖ ψευδῆ τὴν διαθήκην οὖσαν. τίς γὰρ ἂν ἀν-
θρώπων, ἃ μὲν ἤμελλε τραπεζιτεύων οὗτος ἐργά-
ζεσθαι, ταῦθ᾽ ὅπως ἡμῖν τοῖς αὑτοῦ παισίν, ἀλλὰ
μὴ τούτῳ γενήσεται προὐνοήθη, καὶ διὰ τοῦτο
μὴ ἐξεῖναι τούτῳ τραπεζιτεύειν ἔγραψεν, ἵνα μὴ
ἀφιστῆται ἀφ᾽ ἡμῶν: ἃ δ᾽ αὐτὸς εἰργασμένος ἔνδον
κατέλειπε, ταῦθ᾽ ὅπως οὗτος λήψεται παρεσκεύα-
σεν; καὶ τῆς μὲν ἐργασίας ἐφθόνησεν, ἧς οὐδὲν
αἰσχρὸν ἣν μεταδοῦναι" τὴν δὲ γυναῖκ᾽ ἔδωκεν, οὗ
μεῖζον οὐδὲν ἂν κατέλειπεν ὄνειδος; τυχών γε τῆς
παρ᾽ ὑμῶν δωρειᾶς, εἶθ᾽ ὥσπερ ἂν δοῦλος δεσπότῃ
διδούς, ἀλλ᾽ οὐ τοὐναντίον, εἴπερ ἐδίδου, δεσπότης
οἰκέτῃ, προστιθεὶς προῖκα ὅσην οὐδεὶς τῶν ἐν τῇ

« Slaves were often condemned to the heavy labour of
turning the millstone.

" The mother of Demosthenes brought to her husband a
dowry of only 80 minae (Oration XX VII § 5); the mother of
Mantitheus one of 60 minae (Oration XL § 6); and the two
daughters of Polyeuctus dowries of 40 minae each (Oration
XLI §§ 3 and 27).

202

AGAINST STEPHANUS, I. 33-36

a shortage of so large an amount, it was incurred
while Phormio was manager. For you all know that,
while my father was engaged in the banking business,
Phormio sat at the counter and was his manager ;
so that he ought rather to be in the mill“ than to
become master of the rest of the property. However,
I pass over this and all else that I might find to say
about the eleven talents, to show that my father did
not owe them but that Phormio secretly appropriated
them.

But let me remind you of the purpose for which
I read the lease, namely, to prove that the will
is spurious. Tor it stands written in the lease that it
shall not be lawful for Phormio to engage in banking
business, unless he obtains our consent. ‘This clause
absolutely proves the will to be spurious. For what
man, who had taken precautions that the profits
which Phormio might make by banking should accrue
to his own Preece and not to Pigere himself, and
to secure this end had stipulated that it should not
be permitted him to engage in banking for himself,
lest his interests might be separated from ours—
what man, I ask, in these circumstances would
have provided that Phormio should get possession
of what he had himself won by his labour and left
in his house ? And would he have begrudged him the
banking business, in which he might have given him
a share without disgrace, and yet “have given him his
wife, a bequest disgraceful above all others? Y es, after
receiving from you the gift of citizenship, he gave his
wife (if indeed he gave her) as a slave giving to his
master, and not, on the contrary, as a master to a
slave, and he added such a dowry as no man in Athens
was ever known to give.” And yet, to have been

203

35

36

DEMOSTHENES

/ /, ,ὔ / A > ‘ ma 2D
36 πόλει φαίνεται. καίτοι τούτῳ μὲν αὐτὸ τοῦτ

37

[1113]

38

ἀγαπητὸν ἦν, τὸ τῆς δεσποίνης ἀξιωθῆναι: σῷ
πατρὶ δ᾽ οὐδὲ λαμβάνοντι τοσαῦτα χρήματα, ὅσα
φασὶ διδόνθ᾽ οὗτοι, εὔλογον ἦν πρᾶξαι ταῦτα.
ἀλλ᾽ ὅμως ἃ τοῖς εἰκόσι, τοῖς χρόνοις, τοῖς
πεπραγμένοις ἐξελέγχεται ψευδῆ, ταῦτα μαρτυρεῖν
οὐκ ὥκνησεν οὑτοσὶ Στέφανος.

Εἶτα λέγει περιϊών, ὡς ἐμαρτύρησε μὲν Νικοκλῆς
ἐπιτροπεῦσαι κατὰ τὴν διαθήκην, ἐμαρτύρησε δὲ
Πασικλῆς ἐπιτροπευθῆναι κατὰ τὴν διαθήκην.
ἐγὼ δ᾽ αὐτὰ ταῦτ᾽ οἶμαι τεκμήρι᾽ εἶναι, τοῦ μήτ᾽
ἐκείνους τἀληθῆ μήτε τούσδε μεμαρτυρηκέναι. ὁ
γὰρ ἐπιτροπεῦσαι κατὰ διαθήκας μαρτυρῶν, δῆλον
ὅτι καθ᾽ ὁποίας ἂν εἰδείη, καὶ ὁ ἐπιτροπευθῆναι
κατὰ διαθήκας μαρτυρῶν, δῆλον ὅτι καθ᾽ ὁποίας
ἂν εἰδείη. τί οὖν μαθόντες ᾿ἐμαρτυρεῖθ᾽ ὑμεῖς ἐν
προκλήσει διαθήκας, ἀλλ᾽ οὐκ ἐκείνους εἰᾶτε; εἰ
γὰρ αὖ μὴ φήσουσιν εἰδέναι τὰ γεγραμμέν᾽ ἐν
αὐταῖς, πῶς ὑμᾶς οἷόν 7 εἰδέναι τοὺς “μηδαμῇ
μηδαμῶς τοῦ πράγματος ἐγγύς; τί ποτ᾽ οὖν ot
μὲν ἐκεῖνα, οἱ δὲ ταῦτ᾿ ἐμαρτύρησαν; ὅπερ εἴρηκα
καὶ πρότερον, διείλοντο τἀδικήματα, καὶ ἐπιτρο-
πεῦσαι μὲν κατὰ διαθήκην οὐδὲν δεινὸν ἡγεῖτο
μαρτυρεῖν ὁ μαρτυρῶν, οὐδ᾽ ἐπιτροπευθῆναι κατὰ

/

39 διαθήκην, ἀφαιρῶν ἑκάτερος τὸ μαρτυρεῖν τὰ ἐν

ταῖς διαθήκαις ὑπὸ τούτου γεγραμμένα, οὐδὲ
>
A \ Vere > a > fe
καταλιπεῖν τὸν πατέρ᾽ αὐτῷ ἐπιγεγραμμένον γραμ-
ματεῖον διαθήκην, οὐδὲ τὰ τοιαῦτα: διαθήκας δὲ

2 That is, it would not have been reasonable for him to
leave his wife to his former slave even if he had received as a
bribe the large sum which he is alleged to have given asa
marriage portion.

204

AGAINST STEPHANUS, I. 36-39

honoured with the hand of his mistress was of itself
enough to make this fellow content, whereas in my
father’s case, even if he received as much money as
these people allege that he gave, it was not reasonable
for him to make this arrangement.? Nevertheless, to
things which are proved to be false by the prob-
abilities, the dates and the facts, to these this man
Stephanus has not hesitated to depose.

Then he goes about, saying that Nicocles testified
that he had served as guardian under the will, and
Pasicles that he had lived as ward under the will.
But for my part I hold that these very facts are proofs
that neither these witnesses nor those have testified
to the truth. For a person who testifies that he
served as guardian under a will should certainly know
what the nature of the will was, and a person who
testifies that he lived as ward under a will should
certainly know what the nature of the will was. Why
in the world, then, Stephanus, did you people depose
to the will under the form of a challenge, instead of
leaving the matter to them? If they on their part
shall declare that they do not know the contents of
the will, how is it possible for you to know them, you
who have never in any way been connected with the
matter? Why, pray, is it that one group of witnesses
testified to these facts, and another group to those ?
It is as I have already told you: they divided the
fraud. The one so testifying saw no danger in depos-
ing that he served as guardian under aoe will, or that
he lived as ward under the will, each one of them
omitting to state what had been written in the will by
Phormio,—no danger in deposing that one’s father
had left him a document with the word “ will ”’
written on it, or anything of that sort. But to testify

205

37

39

40

41
[1114]

DEMOSTHENES

μαρτυρεῖν, ev αἷς χρημάτων τοσούτων κλοπή,
γυναικὸς διαφθορά, γάμοι δεσποίνης, πράγματ᾽
αἰσχύνην καὶ ὕβριν τοσαύτην ἔχοντα, οὐδεὶς ἤθελεν
πλὴν οὗτοι, πρόκλησιν κατασκευάσαντες, παρ᾽ ὧν
δίκαιον τῆς ὅλης τέχνης καὶ κακουργίας δίκην
λαβεῖν.

Ἵνα τοίνυν, ὦ ἄνδρες ᾿Αθηναῖοι, μὴ μόνον ἐξ ὧν
ἐγὼ κατηγορῶ καὶ ἐλέγχω, δῆλος ὑμῖν γένηται τὰ
ευδῆ μεμαρτυρηκὼς οὑτοσὶ Στέφανος, ἀλλὰ καὶ
ἐξ ὦ ὧν “πεποίηχ᾽ ὁ ὁ παρασχόμενος αὐτόν, τὰ πεπραγ-
μέν᾽ ἐκείνῳ βούλομαι πρὸς ὑμᾶς εἰπεῖν. ὅπερ δ᾽
εἶπον ἀρχόμενος τοῦ λόγου, δείξω κατηγόρους
γιγνομένους αὐτοὺς ἑαυτῶν. τὴν γὰρ δίκην, ἐν ἧ
ταῦτ᾽ ἐμαρτυρήθη, παρεγράψατο Φορμίων πρός
με μὴ εἰσαγώγιμον εἶναι, ὡς ἀφέντος ἐμοῦ τῶν
ἐγκλημάτων αὐτόν. τοῦτο τοίνυν ἐγὼ μὲν οἶδα
ψεῦδος ὄν, καὶ ἐλέγξω δ᾽, ὅταν εἰσίω πρὸς τοὺς
ταῦτα μεμαρτυρηκότας: τούτῳ δ᾽ οὐχ οἷόν τε τοῦτ᾽
εἰπεῖν. εἰ τοίνυν ἀληθῆ πιστεύσαιτ᾽ εἶναι τὴν
ἄφεσιν, οὕτω καὶ μάλιστ᾽ ἂν οὗτος φανείη ψευδῆ
μεμαρτυρηκὼς καὶ κατεσκευασμένης διαθήκης μάρ-
Tus γεγονώς. τίς γὰρ οὕτως ἄφρων, ὥστ᾽ ἄφεσιν
μὲν ἐναντίον μαρτύρων ποιήσασθαι, τοῦ βεβαίαν
αὐτῷ τὴν ἀπαλλαγὴν εἶναι, τὰς δὲ συνθήκας καὶ
τὰς διαθήκας καὶ τἄλλ᾽, ὑπὲρ ὧν ἐποιεῖτο τὴν
ἄφεσιν, ᾿σεσημασμέν᾽ ἐᾶσαι καθ᾽ αὑτοῦ κεῖσθαι;
οὐκοῦν ἐναντία μὲν ἡ παραγραφὴ πᾶσι τοῖς μεμαρ-
τυρημένοις, ἐναντία δ᾽, ἣν ἀνέγνων ὑμῖν ἄρτι,
μίσθωσις, τῆδε τῇ διαθήκῃ: οὐδὲν δὲ τῶν πεπραγ-
μένων οὔτ᾽ εὔλογον οὔθ᾽ ἁπλοῦν οὔθ᾽ ὁμολογού-
μενον αὐτὸ ἑαυτῷ φαίνεται. ἐκ δὲ τούτου τοῦ

906

AGAINST STEPHANUS, I. 39-42

to the existence of a will in which were involved the
theft of such vast sums, the corruption of a lady, the
marriage of a mistress with her slave, matters which
entailed such shame and disgrace—nobody was ready
to do this save these men who got up the challenge ;
and from them it is right to exact the penalty for the
whole of this villainous fraud.

Now, men of Athens, that it may be made clear to
you that this fellow Stephanus has given false testi-
mony—made clear not merely by my accusations and
proofs, but also by the acts of the person who brought
him forward as a witness—-I wish to tell you what that
person has done. As I said at the beginning of my
speech, I shall show that they are their own accusers.
In the suit in which this testimony was given, Phormio
entered a special plea to estop me on the ground that
the suit was not admissible, alleging that I had
released him from all claims. Now I myself know
that this is false, and I shall prove it so when I proceed
against those who gave this testimony ; but Stephanus
is not at liberty to say it is false. If, then, you should
believe in the genuineness of the release, this, more
than anything else, would prove that the fellow has
given false testimony, and has deposed to a will that
is forged. For who would be so senseless as to give
a release in the presence of witnesses, that his dis-
charge might be binding, and yet to suffer the articles
of agreement, the will, and the other documents re-
garding which he gave the release, to remain under
seal as evidence against himself? The special plea,
therefore, contradicts all the evidence, and the lease
which I just now read to you contradicts this will ;
not one of their acts is either reasonable or straight-
forward or consistent with itself. In this manner

207

40

DEMOSTHENES

/ / / >
τρόπου πάντα πεπλασμένα Kal κατεσκευασμέν
ἐλέγχεται.

« \ / > A 5 ~ \ /

43 “Os μὲν τοίνυν ἐστὶν ἀληθῆ τὰ μεμαρτυρημένα,

ἌΡ» 9 b} \ ~ »" 59 A ς \ / “
οὔτ᾽ αὐτὸν τοῦτον οὔτ᾽ ἄλλον ὑπὲρ τούτου δεῖξαι

/ / 5 / > Ε] \ ~ /
δυνήσεσθαι νομίζω. ἀκούω δ᾽ αὐτὸν τοιοῦτόν τι

/ Ly « / »Ἅὄ > ¢ id
παρεσκευάσθαι λέγειν, ws προκλήσεώς ἐστιν ὑπεύ-
\ A ~
θυνος, οὐχὶ μαρτυρίας, καὶ δυοῖν αὐτῷ προσήκει

~ ~ ,
δοῦναι λόγον, οὐ πάντων τῶν γεγραμμένων, εἴτε
προὐκαλεῖτό με ταῦτα Φορμίων ἢ μή, καὶ εἰ μὴ
ἐδεχόμην ἐγώ: ταῦτα μὲν γὰρ ἁπλῶς αὐτὸς με-

/ / \ > + > > A a
μαρτυρηκέναι φήσει, Ta δ᾽ ἀλλ᾽ ἐκεῖνον προκαλεῖ-
σθαι, εἰ δ᾽ ἐστὶν 7) μὴ ταῦτα, οὐδὲν προσήκειν αὐτῷ

A ~ \
44 σκοπεῖν. πρὸς δὴ τὸν λόγον τοῦτον Kal τὴν
3 / / / > \ - « a“ 7
ἀναίδειαν βέλτιόν ἐστι μικρὰ προειπεῖν ὑμῖν, ἵνα
~ >
[1115] μὴ λάθητ᾽ ἐξαπατηθέντες. πρῶτον μέν, ὅταν ἐγ-
~ 4 at)? «ς 9 ᾿ / ¢ / /
χειρῇ λέγειν τοῦθ᾽, ws dp’ od πάντων ὑπεύθυνός
> > A > “ \ Af)? Ὁ, / -
ἐστιν, ἐνθυμεῖσθ᾽ ὅτι διὰ ταῦθ᾽ ὁ νόμος μαρτυρεῖν
> / / - Ψ ΞΘ 3 A 559 κα /
ἐν γραμματείῳ κελεύει, ἵνα μήτ᾽ ἀφελεῖν ἐξῇ μήτε
προσθεῖναι τοῖς γεγραμμένοις μηδέν. τότ᾽ οὖν

> \ yA rot et) > / / Δ ~ 2
αὐτὸν ἔδει ταῦτ᾽ ἀπαλείφειν κελεύειν, ἃ νῦν οὐ

7 ΄
φήσει μεμαρτυρηκέναι, οὐ νῦν ἐνόντων ἀναισχυν-

- wv \ / ~ > 3 > μ᾿

45 τεῖν. ἔπειτα καὶ τόδε σκοπεῖτε, εἰ ἐάσαιτ᾽ ἂν
> / e ~ > \ i; / \
ἐναντίον ὑμῶν ἐμὲ προσγράψαι τι λαβόντα τὸ
γραμματεῖον. οὐ δήπου. οὔκουν οὐδὲ τοῦτον ἀφ-
αἱρεῖν τῶν γεγραμμένων ἐᾶν προσήκει. τίς γὰρ
«ς ~
ἁλώσεταί ποτε ψευδομαρτυριῶν, εἰ μαρτυρήσει θ᾽

a
a βούλεται, καὶ λόγον ὧν βούλεται δώσει; ἀλλ᾽
208

AGAINST STEPHANUS, I. 42-45

their whole story is shown to be a fiction and a
fraud.

That the statements in the deposition are true 1
hold that neither Stephanus himself nor anyone else
in his behalf will be able to prove. I hear, however,
that he is prepared to make some such statement as
this, that he is responsible for a challenge, not for a
deposition, and that he should be held to account,
not for everything written in it, but for two things
only—whether Phormio tendered me this challenge
or not, and whether I refused it ; these matters and
no more, he will say, were included in his deposition ;
as for the rest, Phormio covered them in his challenge,
but whether they were true or not it was not the
business of the witness to inquire. In answer to this
argument and to the man’s impudence it is better
that I say a few words to you in advance, that you be
not taken at unawares and misled. In the first place,
when he tries to bring forward the argument that he
is not responsible for the entire content of the deposi-
tion, bear in mind that the reason why the law requires
people to give evidence in written form is that it may
not be open to them to strike out any part of what
has been written, or add anything to it. He should
at the time have demanded the erasure of the state-
ments to which he will now deny having deposed,
and not try now to brazen it out, while they stand in
the document. Moreover, consider this too, whether
you would suffer me in your presence to take the
document and add to it. Of course you would not.
Well, then, neither is it fitting to suffer him to strike
out any of its contents. For who will ever be con-
victed of giving false testimony, if he is to depose to
what he pleases, and be accountable only for what he

VOL. II P 209

43

44

DEMOSTHENES

> A ~ > #1)? e / ~ wf)? ε ~
οὐχ οὕτω ταῦτ᾽ οὔὐθ᾽ ὁ νόμος διεῖλεν οὐθ᾽ ὑμῖν
3 ΄ / > .) > a > € ~ \ /
ἀκούειν προσήκει: ἀλλ᾽ ἐκεῖν᾽ ἁπλοῦν καὶ δί-
καιον. τί γέγραπται; τί μεμαρτύρηκας; ταῦθ'
ὡς ἀληθῆ δείκνυε. καὶ γὰρ ἀντιγέγραψαι ταῦτ᾽
“ ἀληθῆ μεμαρτύρηκα, μαρτυρήσας τάν τῷ γραμ-
ματείῳ γεγραμμένα, οὐ “τὸ καὶ τὸ τῶν ἐν τῷ
γραμματείῳ.
46 “Ore δ᾽ οὕτω ταῦτ᾽ ἔχει, λαβὲ τὴν ἀντιγραφὴν
αὐτήν μοι. λέγε.

ΑΝΤΙΓΡΑΦΗ

᾿Απολλόδωρος ΠΙασίωνος ᾿Αχαρνεὺς Στεφάνῳ Meve
κλέους ᾿Αγχαρνεῖ ψευδομαρτυριῶν, τίμημα τάλαντον.
μαρτυριῶν, τίμη!

Τὰ ψευδῆ μου κατεμαρ- Τἀληθῆ ἐ ἐμαρτύρησα μαρ-
τύρησε Στέφανος μαρτυρή- τυρήσας τὰ ἐν τῷ γραμμα-
σας τὰ ἐν τῷ γραμματείῳ τείῳ γεγραμμένα.

γεγραμμένα.

ay <>) > \ 3 / > Δ \

[1116] Tad οὗτος αὐτὸς ἀντεγράψαθ᾽, ἃ χρὴ μνημο-
νεύειν ὑμᾶς, καὶ μὴ τοὺς em ἐξαπάτῃ νῦν λόγους
ῥηθησομένους, πιστοτέρους ποιεῖσθαι τῶν νόμων
καὶ τῶν ὑπὸ τούτου γραφέντων εἰς τὴν ἀντι-
γραφήν.

,ὔ ’ > \ \ ees ”

47 “Πυνθάνομαι τοίνυν αὐτοὺς καὶ περὶ ὧν ἔλαχον
τὴν ἐξ ἀρχῆς δίκην, ἐρεῖν καὶ κατηγορήσειν, ὡς
συκοφαντήματ᾽ ἦν. ἐγὼ δ᾽ ὃν μὲν τρόπον ἐ-
σκευωρήσατο τὴν μίσθωσιν, 6 ὅπως τὴν ἀφορμὴν τῆς
τραπέζης κατάσχοι, εἶπον καὶ διεξῆλθον ὑμῖν, ὑπὲρ
δὲ τῶν ἄλλων οὐκ ἂν οἷός τ᾽ εἴην λέγειν ἅμα καὶ
τούτους ἐλέγχειν περὶ τῆς μαρτυρίας: οὐ γὰρ
ς / εὖ “ > , a > ’ > Ὁ - > / >

48 ἱκανόν μοι TO ὕδωρ ἐστίν. ὅτι δ᾽ οὐδ᾽ ὑμεῖς ἐθέλουτ
210

AGAINST STEPHANUS, I. 45-48

pleases? No, the law does not thus make a distine-
tion in these matters, and you ought not to listen to
such a thing either. The straightforward and honest
course is this: “‘ What Sonne written ? To what
have you deposed : ? Show that this is true. For you
_have written in your plea i in answer to the complaint
these words, ‘I have given true testimony in testi-
fying to what is contained in the deposition ’—not
‘to this or that in the deposition.’ ”
(To the clerk.) To prove that this is so, take, please, 46

the plea itself. Read it.

THe CompLaint AND COUNTER-PLEA

Apollodorus, son of Pasio, of Acharnae, sues Stephanus,
son of Menecles, of Acharnae, for false testimony ; damages
one talent.

Stephanus gave false testi- I gave true testimony in
mony against me in testify- testifying to that which is
ing to that which is contained contained in the record.

in the record.

This is the plea which the defendant himself has
entered. You must keep it in mind, and not regard
the deceitful language which will soon be addressed to
you as being more worthy of credence than the laws
and what the defendant has written in his own plea.

I learn that they are going to speak about my 47
original suit and to denounce it as baseless and mali-
cious. But I on my part have already mentioned to
you and explained in detail the manner in which
Phormio concocted the lease, in order to get into his
possession the banking-stock, and I should be unable
to speak of these other matters and at the same time
convict these men of giving false testimony ; for the
amount of water allotted me is not sufficient. And 48

211

49

δ0

[{Π17

=z

51

DEMOSTHENES

, > ~ ~
av εἰκότως ἀκούειν περὶ τούτων αὐτῶν, ἐκεῖθεν
” 3 a“ / A ε ~ , /, “ »
εἴσεσθ᾽, ἂν λογίσησθε πρὸς ὑμᾶς αὐτούς, ὅτι οὔτε
νῦν ἐστιν χαλεπὸν περὶ ὧν μὴ κατηγόρηται λέγειν,

ἐν) - 3 / ,ὔ 5 /
οὔτε ψευδεῖς ἀναγνόντα μαρτυρίας ἀποφεύγειν.
> 5) 2207 , , 7, 209 °2«O~*N -
ἀλλ᾽ οὐδέτερόν γε δίκαιον τούτων οὐδ᾽ ἂν εἷς
, 5 > OF uy 19}. τῶι A A
φήσειεν εἶναι, ἀλλ᾽ ὃ ἐγὼ προκαλοῦμαι νῦν. σκο-
~ ~ > / > \ \ > ~ a“ \
πεῖτε δ᾽ ἀκούσαντες. ἐγὼ yap ἀξιῶ, ovs μὲν
> / / > > / A ~ > / a
ἀφείλοντό μ᾽ ἐλέγχους περὶ τῶν ἐγκλημάτων, Ovs
προσῆκον ἦν ῥηθῆναι, μὴ ζητεῖν αὐτοὺς νῦν, αἷς
> 5» , 4 ε > \ > ~ /
δ᾽ ἀφείλοντο μαρτυρίαις, ws εἰσὶν ἀληθεῖς, δεικνύ-
» > Lid A \ / > / δ,
ναι. εἰ δ᾽ ὅταν μὲν τὴν δίκην εἰσίω, τὰς μαρ-
,ὔ > > / > / “ \ 7
τυρίας μ᾽ ἐλέγχειν ἀξιώσουσιν, ὅταν δὲ ταύταις
) ,ὔ \ ~ > > ~ > / /
ἐπεξίω, περὶ τῶν ἐξ ἀρχῆς ἐγκλημάτων λέγειν με
tf ” ,ὔ » ΕΣ ¢ A / >
κελεύσουσιν, οὔτε δίκαι᾽ οὔτε ὑμῖν συμῴφέροντ
> ~ / A > if > ε - τὰ \
ἐροῦσιν. δικάσειν yap ὀμωμόκαθ᾽ ὑμεῖς od περὶ
- ΟῚ ε , > A > 5. ἘΦ Ὁ Sia - ” ε
ὧν ἂν ὁ φεύγων ἀξιοῖ, ἀλλ᾽ ὑπὲρ αὐτῶν ὧν ἂν ἡ
7 > "2 > > 2. “ἢ ~ 7
δίωξις 7. ταύτην δ᾽ ἀνάγκη τῇ τοῦ διώκοντος
λήξει δηλοῦσθαι, ἣν ἐγὼ τούτῳ ψευδομαρτυριῶν
” A A a > 5 \ \ e > >
εἴληχα. μὴ δὴ τοῦτ᾽ ἀφεὶς περὶ ὧν οὐκ ayw-
,ὔ ,ὔ > ς - XA »᾿᾽ ”“ wis ἊΝ
νίζεται λεγέτω: μηδ᾽ ὑμεῖς eat’, av ap οὗτος
ἀναισχυντῇ.
” , » \ > A > ~ ,ὔ ”
Οἴομαι τοίνυν αὐτὸν οὐδὲν οὐδαμῇ δίκαιον ἔχοντα
λέγειν ἥξειν κἀπὶ τοῦτο, ὡς ἄτοπον ποιῶ, παρα-
γραφὴν ἡττημένος, τοὺς διαθήκην μαρτυρήσαντας
ὃ ὔ \ \ ὃ \ A te / ὃ \
ιώκων, Kal τοὺς δικαστὰς τοὺς τότε φήσειν διὰ
PAI.

AGAINST STEPHANUS, I. 48-51

that you yourselves could not in fairness be willing to
listen to them in regard to these matters you will see
at once, if you reflect that it is no difficult matter to
speak now about subjects concerning which no charge
is made, just as it was no difficult matter for Phormio
to get himself acquitted by reading false depositions.
However, no man would say that either of these
courses is right, but that course rather which I am
about to propose. Listen, and judge. I demand
that they do not now seek for the proofs regarding my
charges, proofs which should have been mentioned at
the former trial, but of which they deprived me ; but
that they prove that the testimony by which they
deprived me of them was true. If, when I bring in
my suit, they are to demand that I refute their
testimony, and, when I proceed against that, they are
to bid me speak regarding my original charges, what
they propose will be neither right nor in your interest.
For you have sworn to give a verdict, not in regard to
matters upon which the defendant asks your decision,
but in regard to those only which are raised by the
prosecution. The cause of action must be made clear
by the complaint of the prosecutor, and this in my
ease is a suit against this man for false testimony.
Let him not, then, leave this and talk about matters
regarding which I am not suing him ; and do you, if
he is so shameless, refuse to permit it.

I imagine that, havi ing no just argument to advance
on any point, he will have recourse to this defence
also—that it is absurd for me, after having been
worsted in the case of the special plea, to sue those
who gave evidence of a will; and he wil) maintain
that the jurymen in that trial were led to vote in
favour of Phormio, by the evidence of those who

213

Or
o

or
pe

DEMOSTHENES

A 5 ~ / > / ~
τοὺς ἀφεῖναι μεμαρτυρηκότας, ἀποψηφίσασθαι μᾶλ-
\ A ΩΣ >
λον ἢ διὰ τοὺς διαθήκην μαρτυρήσαντας. ἐγὼ δ᾽,
-» > A ͵ 7 reyes 7
ὦ ἄνδρες ᾿Αθηναῖοι, νομίζω πάντας ὑμᾶς εἰδέναι,
“ a A
OTL οὐχ ἧττον τὰ πεπραγμέν᾽ εἰώθατε σκοπεῖν ἢ
A ~
Tas ὑπὲρ τούτων παραγραφάς: περὶ δὴ TOV πραγ-
΄, A Ξ- - ΄
μάτων αὐτῶν τὰ ψευδῆ καταμαρτυρήσαντες ovTOL
5 - ΄ ~
μου, ἀσθενεῖς τοὺς περὶ τῆς παραγραφῆς ἐποίησαν
52 λόγους. χωρὶς δὲ τούτων ἄτοπον, πάντων τὰ
~ / / 4 > ΕΣ > >
ψευδῆ μαρτυρησάντων, tis μάλιστ᾽ ἔβλαψ᾽ ἀπο-
φαίνειν, ἀλλ᾽ οὐχ ὡς αὐτὸς ἕκαστος ἀληθῆ μεμαρ-
/ 5
τύρηκε δεικνύναι. οὐ γάρ, ἂν ἕτερον δείξῃ δεινότερ
> Ed ~ >
εἰργασμένον, ἀποφεύγειν αὐτῷ προσήκει, ἀλλ᾽ av
A ~
αὐτὸς ws ἀληθῆ μεμαρτύρηκ᾽ ἀποφήνῃ.
> > - > x >
53 “Ed? ᾧ τοίνυν, ὦ ἄνδρες ᾿Αθηναῖοι, μάλιστ
> , ,ὔ ᾽ὔ > ς A / Pee?
ἀπολωλέναι δίκαιός ἐστιν οὑτοσὶ Στέφανος, τοῦτ
>
ἀκούσατέ μου. δεινὸν μὲν yap ἐστιν εἰ καὶ καθ
“ > A ~ ~ ~ A /
ὅτου τις οὖν τὰ ψευδῆ μαρτυρεῖ, πολλῷ δὲ δεινό-
τερον καὶ πλείονος ὀργῆς ἄξιον, εἰ κατὰ τῶν
A ¢
συγγενῶν: οὐ yap τοὺς γεγραμμένους νόμους ὁ
τοιοῦτος ἀνθρωπος μόνους, ἀλλὰ καὶ τὰ τῆς
φύσεως οἰκεῖ᾽ ἀναιρεῖ. τοῦτο τοίνυν ἐπιδειχθήσεται
- \
54 πεποιηκὼς οὗτος. ἔστι yap ἡ τούτου μήτηρ καὶ
ὁ τῆς ἐμῆς γυναικὸς πατὴρ ἀδελφοί, ὥστε τὴν μὲν
γυναῖκα τὴν ἐμὴν ἀνεψιὰν εἶναι τούτω, τοὺς δὲ παῖ-
A > ,ὔ \ \ > \ > - Sas
[1118] das τοὺς ἐκείνης Kal τοὺς ἐμοὺς ἀνεψιαδοῦς. ap
οὖν δοκεῖ ποτ᾽ ἂν ὑμῖν οὗτος, εἴ τι OL ἔνδειαν εἶδε
Om ~ A Ui
ποιούσας ὧν ov χρὴ Tas αὑτοῦ συγγενεῖς, ὅπερ ἤδη
~ ~ A
πολλοὶ πεποιήκασι, παρ᾽ ἑαυτοῦ προῖκ᾽ ἐπιδοὺς
ἐκδοῦναι, ὃς ὑπὲρ τοῦ μηδ᾽ ἃ προσήκει κομίσασθαι
~ ~ A ‘A
ταύτας τὰ ψευδῆ μαρτυρεῖν ἠθέλησε, καὶ περὶ

214

AGAINST STEPHANUS, I. 51-54

testified to the release rather than by that of those
who testified to the will. But, men of Athens, I
think you all know that it is your habit to examine the
facts no less closely than the pleas which men make
regarding them; and these men, by giving false
testimony against me regarding the facts themselves,
weakened my arguments on the special plea. How-
ever, besides this, it is absurd, when all have given
false evidence, to demonstrate who did the greatest
amount of harm, instead of making each one prove
that he has himself testified to the truth. It is not by
proving that another has done more outrageous
things than himself that a witness is to be let off,
but by showing that he has himself given testimony
that is true.

Now, men of Athens, let me show you the thing for ;

which more than anything else this fellow Stephanus
deserves to be put to death. It is an awful thing to
bear false witness against anyone whomsoever, but it
is a thing more awful by far, and more deserving of
indignation, to bear false witness against those of your
own blood ; for a man of that stamp violates, not the
written laws alone, but also the ties of natural relation-
ship. This, then, Stephanus shall be proved to have

done. For his mother and the father of my wife are :

brother and sister, so that my wife is his first cousin,
and the children born to her and to me are his cousin’s
children. Do you think, then, that this man, if he
saw his female relatives driven by want to shameful
actions, would give them in marriage and add marriage
portions out of his own resources—a thing which many
a man has done ere now—when he has chosen to give
false testimony in order to prevent their getting what
belongs to them, and has counted the wealth of

215

Or
w

δῦ

56

57

[1119]

DEMOSTHENES

πλείονος ἐποιήσατο τὸν Φορμίωνος πλοῦτον ἢ τὰ
τῆς συγγενείας ἀναγκαῖα;

᾿Αλλὰ μὴν ὅτι ταῦτ᾽ ἀληθῆ λέγω, λαβὲ τὴν
μαρτυρίαν τὴν Δεινίου κἀναγίγνωσκε, καὶ κάλει
Δεινίαν.

ΜΑΡΤΥΡΙΑ

Δεινίας Θεομνήστου ᾿Αθμονεὺς μαρτυρεῖ τὴν θυγατέρα
\ c “ > I ! > ! / I A ] 4 /
τὴν αὑτοῦ ἐκδοῦναι ᾿Απολλοδώρῳ κατὰ τοὺς νόμους
] " KX / Po / A
γυναῖκα ἔχειν, καὶ μηδεπώποτε παραγενέσθαι μηδὲ
αἰσθέσθαι, ὅτι ᾿Απολλόδωρος ἀφῆκε τῶν ἐγκλημάτων
ἁπάντων Φορμίωνα.

ἽὍμκμοιός γ᾽ ὁ Δεινίας, ὦ ἄνδρες δικασταί, τούτῳ,
ὃς ὑπὲρ τῆς θυγατρὸς καὶ τῶν θυγατριδῶν καὶ
ἐμοῦ τοῦ κηδεστοῦ διὰ τὴν συγγένειαν οὐδὲ τἀληθῆ
μαρτυρεῖν ἐθέλει κατὰ τούτου. ἀλλ᾽ οὐχ οὑτοσὶ
Στέφανος, οὐκ ὥκνησε καθ᾽ ἡμῶν τὰ ψευδῆ μαρ-
τυρεῖν, οὐδ᾽, εἰ μηδένα τῶν ἄλλων, τὴν αὑτοῦ
μητέρα ἠσχύνθη τοῖς ἀπ᾽ ἐκείνης οἰκείοις τῆς
ἐσχάτης ἐνδείας αἴτιος γενόμενος.

Ὃ τοίνυν ἔπαθον δεινότατον καὶ ἐφ᾽ ᾧ μάλιστ᾽
ἐξεπλάγην ὅτ᾽ ἠγωνιζόμην, ὦ ἄνδρες δικασταί,
τοῦθ᾽ ὑμῖν εἰπεῖν βούλομαι: THY τε γὰρ τούτου
πονηρίαν ἔτι μᾶλλον ὑμεῖς ὄψεσθε, καὶ ἐγὼ τῶν
γεγενημένων ἀποδυράμενος τὰ πλεῖστα πρὸς ὑμᾶς
ὡσπερεὶ ῥάων ἔσομαι. τὴν γὰρ μαρτυρίαν, ἣν
wpnv εἶναι καὶ δι᾿ ἧς ἦν ὁ πλεῖστος ἔλεγχός μοι,

α Athmonon was a deme of the tribe Cecropis.

Ὁ We must assume that Deinias, when called upon, refused
to swear to the deposition which was read (whether the
deposition given in the text is authentic or not cannot be
determined with certainty). He must, therefore, have taken

216

AGAINST STEPHANUS, I. 54-57

Phormio of higher worth than the strong ties of
kinship ?

(To the clerk.) However, to prove that I am telling 5
the truth in this, take the deposition of Deinias and
read it; and call Deinias.

Tuer Derposrrron

Deinias, son of Theomnestus, of Athmonon,” deposes that
he gave his daughter to Apollodorus to live with him as his
wife according to the laws, and that he was never present
when Apollodorus released Phormio from all claims, nor was
ever aware that he had done so.

Deinias, men of the jury, is very like Stephanus, is
he not ?—Deinias, who on account of his relationship,
refuses to testify against the defendant even to what
is true, andon behalf of his daughter and his daughter’s
children, and me, his son-in-law!’ Not so Stephanus
here. He did not hesitate to give false testimony
against us ; even respect for his own mother, if for no
one else, didnot keep him from bringing the extremest
poverty upon those who through her were his relatives.

I wish now, men of the jury, to tell you of the most
outrageous thing which has been done to me,
thing which more than anything else overwhelmed
me with dismay in the course of the trial; for you
will thus see even more clearly the fellow’s baseness,
and I, by venting before you my grief for what has
happened, shall find, as it were, a sort of relief. The
deposition, which I thought was there, and which
afforded the strongest evidence in support of my case,

the oath of disclaimer (ἐξωμοσία), although this is not stated
in the text. Apollodorus asserts that Deinias took this course
for fear that by swearing to the deposition he would work
harm to his kinsman Stephanus. We must be content to
confess our ignorance of his reasons,

217

55

57

DEMOSTHENES

eo ~ a \
58 ταύτην οὐχ εὗρον ἐνοῦσαν ἐν τῷ ἐχίνῳ. τότε μὲν

δὴ τῷ κακῷ πληγεὶς οὐδὲν ἀλλ᾽ εἶχον. πλὴν ὑπο-
λαμβάνειν, τὴν ἀρχὴν ἠδικηκέναι με καὶ τὸν ἐχῖνον
κεκινηκέναι. νῦν δ᾽ ἀφ᾽ ὧν ὕστερον πέπυσμαι,
πρὸς αὐτῷ τῷ διαιτητῇ Στέφανον τουτονὶ ταύτην
ὑφῃρημένον εὑρίσκω, πρὸς μαρτυρίαν τιν᾽, ἵν᾽
ἐξορκώσαιμ᾽, ἀναστάντος ἐμοῦ. καὶ ὅτι ταῦτ᾽
ἀληθῆ λέγω, πρῶτον μὲν ὑμῖν μαρτυρήσουσι τῶν
τούτοις παρόντων οἱ ἰδόντες. οὐ γὰρ ἐξομνύναι

59 θελή ΠΩΣ τ δ᾽
Vr € 1)OELV QUTOUS οιομαι. ἐὰν ἄρα τοῦτο ποιήσωσ᾽

00

61

ὑπ᾽ ἀναιδείας, πρόκλησιν ὑμῖν ἀναγνώσεται, ἐξ
ἧς τούτους τ᾽ ἐπιορκοῦντας ἐπ᾽ αὐτοφώρῳ λήψεσθε,
καὶ τοῦτον , ὁμοίως ὑφῃρημένον τὴν μαρτυρίαν
εἴσεσθε. καίτοι ὅστις, ὦ ἄνδρες ᾿Αθηναῖοι, κακῶν
ἀλλοτρίων κλέπτης ὑπέμειν᾽ ὀνομασθῆναι, τί ἂν
ἡγεῖσθε ὑπὲρ αὑτοῦ;

Λέγε τὴν μαρτυρίαν, εἶτα τὴν πρόκλησιν ταύτην.

ΜΑΡΤΥΡΙΑ

Μαρτυροῦσι φίλοι εἶναι καὶ ἐπιτήδειοι Φορμίωνι, καὶ
παρεῖναι πρὸς τῷ διαιτητῇ Τεισίᾳ, ὅτε ἣν ἀπόφασις τῆς
διαίτης ᾿Απολλοδώρῳ πρὸς Φορμίωνα, καὶ εἰδέναι τὴν
μαρτυρίαν ὑφῃρημένον Στέφανον. ἣν αἰτιᾶται αὐτὸν

᾿Απολλόδωρος ὑφελέσθαι.
Ἢ μαρτυρεῖτ᾽, ἢ ἐξομόσασθε.
ΕΞΩΜΟΣΙΑ

Οὐκ ἄδηλον ἦν, ὦ ἄνδρες δικασταί, ὅτι τοῦτ᾽
ἔμελλον ποιήσειν, προθύμως ἐξομεῖσθαι. ἵνα τοίνυν
παραχρῆμ᾽ ἐξελεγχθῶσ᾽ ἐπιωρκηκότες, λαβέ μοι
218

AGAINST STEPHANUS, I. 58-61

I did not find in the box. At the time, dismayed by
this misfortune, I could imagine nothing else than
that the magistrate had wronged me and tampered
with the box. Now, however, from what I have since
learned, I find that the defendant Stephanus had
filched the document away in the very presence of the
arbitrator, when 1 had got up to put a witness on his
oath. And to prove that I am speaking the truth in
this, depositions shall first be offered you from those
who were present at the time and saw it; for I do not
think they will choose to take an oath of disclaimer.
But if they are shameless enough to do this, the clerk
shall read you a challenge by which you will catch
them in the very act of - perjury, and will know all
the same that this man did steal the deposition.
And yet, men of Athens, a person who would not
shrink from being named as one who had stolen
what was prejudicial to another—what do you
suppose he would do in his own interest ?

(To the clerk.) Read the deposition, and then this
challenge.

Tue Deposition

The deponents testify that they are friends and associates
of Phormio, and that they were present before the arbitrator
Teisias when the announcement of the award was made in
the suit between Apollodorus and Phormio, and that they
know that Stephanus fileched away the deposition which
Apollodorus charges him with having stolen.

Either depose, or take the oath of disclaimer.
Tue Oatu or Disclamer

It was plain enough, men of the jury, that they
would do this—take the oath of disclaimer with
eagerness. Well, then, that they may at once be

219

58

59

61

[1120]

63

64

DEMOSTHENES

/ \ / \ \ / >
ταύτην τὴν μαρτυρίαν καὶ THY πρόκλησιν. ava-

4
VLYVWOKE.

MAPTYPIA. ΠΡΟΚΛΗΣΙῚΙΣ

Μαρτυροῦσι παρεῖναι, ὅτε ᾿Απολλόδωρος προὐκαλεῖτο
Στέφανον παραδοῦναι τὸν παῖδα τὸν ἀκόλουθον εἰς βά-
σανον περὶ τῆς ὑφαιρέσεως τοῦ γραμματείου, καὶ γράμ-

> “ ΄ » ΄ > “

ματα ἣν ἕτοιμος γράφειν ᾿Απολλόδωρος, καθ᾽ ὅ τι
” ε , rn aN , >
ἔσται ἡ βάσανος, ταῦτα δὲ προκαλουμένου ᾿Απολλο-
δώρου, οὐκ ἐθελῆσαι παραδοῦναι Στέφανον, ἀλλ᾽ ἀπο-
κρίνασθαι ᾿Απολλοδώρῳ δικάζεσθαι, εἰ βούλοιτο, εἴ τί
φησιν ἀδικεῖσθαι ὑφ᾽ ἑαυτοῦ.

Τίς ἂν οὖν ὑπὲρ τοιαύτης αἰτίας, ὦ ἄνδρες δικα-
σταί, εἴπερ ἐπίστευεν αὑτῷ, οὐκ ἐδέξατο τὴν
βάσανον; οὐκοῦν τῷ φεύγειν τὴν βάσανον, ὑφῃρη-
μένος ἐξελέγχεται. ἄρ᾽ οὖν ἂν ὑμῖν αἰσχυνθῆναι
δοκεῖ τὴν τοῦ τὰ ψευδῆ μαρτυρεῖν δόξαν, ὁ τὴν τοῦ
κλέπτης φανῆναι μὴ φυγών; ἢ δεηθέντος ὀκνῆσαι

A ~ ~ “ “a \ > / > > A
τὰ ψευδῆ μαρτυρεῖν, Os ἃ μηδεὶς ἐκέλευ᾽ ἐθελοντὴς
πονηρὸς ἦν;

Δικαίως τοίνυν, ὦ ἄνδρες ᾿Αθηναῖοι, τούτων
ε / \ μὰ / \ ~ μ᾿ > /
ἁπάντων δοὺς av δίκην, πολὺ μᾶλλον ἂν εἰκότως
διὰ τἄλλα κολασθείη παρ᾽ ὑμῖν. σκοπεῖτε δέ, τὸν

/ «Δ / > / e / ες ,
βίον ὃν βεβίωκεν ἐξετάζοντες. οὗτος γάρ, ἡνίκα
μὲν συνέβαινεν εὐτυχεῖν ᾿Αριστολόχῳ τῷ τραπεζίτῃ,
᾽ ,ὔ > 7 > ec \ > / \ PD
ἴσα βαίνων ἐβάδιζ᾽ ὑποπεπτωκὼς ἐκείνῳ, καὶ ταῦτ
ΕΣ \ ~ > 779 ΕΣ ¢ ~ > μὴ >
ἴσασι πολλοὶ τῶν ἐνθάδ᾽ ὄντων ὑμῶν. ἐπειδὴ ὃ
5 / JAS A \ A ” / τ) a >
ἀπώλετ᾽ ἐκεῖνος Kal τῶν ὄντων ἐξέστη, οὐχ ἥκισθ
ὑπὸ τούτου καὶ τῶν τοιούτων διαφορηθείς, τῷ μὲν
220

AGAINST STEPHANUS, I. 61-64

convicted of perjury, (to the clerk) take, please, this
deposition and challenge. Read.

Tue Deposition. Tor CHALLENGE

The deponents testify that they were present when Apollo-
dorus challenged Stephanus to give up his attendant slave to
be put to the torture concerning the theft of the document,
and Apollodorus was ready to write out the conditions on
which the torture was to be administered ; and that when
Apollodorus tendered this challenge, Stephanus refused to
give up the slave, but replied to Apollodorus that he might
bring suit, if he chose, if he maintained that he was being in
any way wronged by him.

Who is there, men of the jury, who, on a charge
like that, if he were sure of his innocence, would not
have accepted the torture ? Then, by refusing the
torture, he is convicted of the theft. Now do you
think that a man would be ashamed of the reputa-
tion of having borne false witness, who did not shrink
from being proved a thief? Or that he would
hesitate to give false witness at the request of
another, when, at no man’s bidding, he voluntarily
committed a fraud ?

Now, men of the jury, while he might justly be
made to pay the penalty for all these things, he
deserves even more to be punished in your court for
the rest of his conduct. Observe the kind of a life
he has lived, and judge. For so long as it was the
lot of Aristolochus, the banker, to enjoy prosperity,
this fellow fawned upon him as he walked beside him,
adapting his pace to his, and this is well known to
many of you who are present here. But when
Aristolochus was ruined and lost his property, chiefly
through having been plundered by this fellow and
others of his stamp, Stephanus never stood by the son

221

for)

3

[1121]

65

66

DEMOSTHENES

viel τῷ τούτου πολλῶν πραγμάτων ὄντων οὐ
παρέστη πώποτε, οὐδ᾽ ἐβοήθησ᾽, ἀλλ᾽ ᾿Απόληξις
καὶ Σόλων καὶ πάντες ἄνθρωποι μᾶλλον βοηθοῦσι:
Φορμίωνα δὲ ἑώρακεν καὶ τούτῳ γέγον᾽ οἰκεῖος,
ἐξ ᾿Αθηναίων ἁπάντων τοῦτον ἐκλεξάμενος, καὶ
ὑπὲρ τούτου πρεσβευτὴς μὲν wyeT εἰς Βυζάντιον
πλέων ἡνίκ᾽ ἐκεῖνοι τὰ πλοῖα τὰ τούτου κατέσχον,
τὴν δὲ δ Εν ἔλεγεν τὴν πρὸς Καλχηδονίους, τὰ
ψευδῆ ὃ ἐμοῦ φανερῶς οὕτω καταμεμαρτύρηκεν.
εἶθ᾽ ὃς εὐτυχούντων ἐστὶ κόλαξ, κἂν ἀτυχῶσι, τῶν
αὐτῶν τούτων προδότης, καὶ τῶν μὲν ἄλλων πο-
λιτῶν πολλῶν καὶ καλῶν κἀγαθῶν ὄντων μηδενὶ
μηδ᾽ Ἐξ ἴσου χρῆται, τοῖς δὲ τοιούτοις ἐθελοντὴς
ὑποπίπτει, καὶ μήτ᾽ εἴ τινα τῶν οἰκείων ἀδικήσει,
μήτ᾽ εἰ παρὰ τοῖς ἄλλοις φαύλην δόξαν ἕξει ταῦτα
ποιῶν, μήτ᾽ ἄλλο μηδὲν σκοπεῖ, πλὴν ὅπως πλέον
ἕξει, τοῦτον οὐ μισεῖν ὡς κοινὸν “ἐχθρὸν τῆς
φύσεως ὅλης τῆς ἀνθρωπίνης προσήκει; ἔγωγ᾽
ἂν φαίην. ταῦτα μέντοι τὰ τοσαύτην ἔχοντ᾽ αἰ-
σχύνην, ὦ ἄνδρες ᾿Αθηναῖοι, ἐπὶ τῷ τὴν πόλιν
φεύγειν καὶ τὰ ὄντ᾽ ἀποκρύπτεσθαι. προήρηται
πράττειν, ἵν᾽ ἐργασίας ἀφανεῖς διὰ τῆς τραπέζης
ποιῆται, καὶ μήτε χορηγῇ μήτε τριηραρχῇ μήτ᾽
ἄλλο μηδὲν ὧν προσήκει ποιῇ. καὶ κατείργασται
τοῦτο. τεκμήριον δέ: ἔχων γὰρ οὐσίαν τοσαύτην

ὥσθ᾽ ἑκατὸν μνᾶς ἐπιδοῦναι τῇ θυγατρί, οὐδ᾽
ἡντινοῦν ἑώραται λῃτουργίαν ὑφ᾽ ὑμῶν λῃτουργῶν,
οὐδὲ τὴν ἐλαχίστην. καίτοι πόσῳ κάλλιον φιλο-

« Apolexis is a not unfamiliar name (see e.g. Oration
XLIII § 48), but of the Apolexis or the Solon here mentioned
nothing is known.

> Byzantium, the modern Istanbul.

229

AGAINST STEPHANUS, I. 64-66

of Aristolochus, who was overburdened with lawsuits,
nor aided him, but it was Apolexis “ or Solon or any-
body else that helped him rather than he. Then he
has courted Phormio and become intimate with him,
choosing him out of all the Athenians ; and he sailed
to Byzantium? as agent in his interest, when the
Byzantines detained Phormio’s vessels, and he pleaded
his cause against the Calchedonians,’ and he has
thus flagrantly given false witness against me. A 65
man, then, who is a flatterer of those in prosperity,
and who betrays these same men if they fall into
adversity ; who out of all the host of good and worthy
citizens of Athens deals with not a single one on the
basis of equality, but willingly fawns upon people
like Phormio ; who takes no thought whether he is
going to injure any of his kinsfolk by these actions,
or whether he is going to win an evil reputation in the
minds of other men, but thinks only of one thing, how
he may enrich himself—ought you not to loathe this
man as a common enemy of the whole human race ?
I certainly think so. This course of action, involving 66
so great disgrace, he has adopted, men of Athens,
with a view to evading his duties to the state and to
conceal his wealth, that he may make secret profits
by means of the bank, and never serve as choregus
or trierarch, or perform any other of the public duties
which befit his station. And he has accomplished
this object. Here is a proof. Although he has so
large an estate that he gave his daughter a marriage
portion of one hundred minae, he has never been
seen by you to perform any public service whatever,
even the very slightest. And yet how much more

* Calchedon is a town on the east side of the Bosphorus,
opposite Byzantium.

223

68

69

DEMOSTHENES

/ , / εἴ If » a
τιμούμενον ἐξετάζεσθαι καὶ προθυμούμενον εἰς ἃ
ὃ ~ ~ / ”“ / \ A ~

εἴ τῇ πόλει, ἢ κολακεύοντα Kal τὰ ψευδῆ pap-
τυροῦντα; ἀλλ᾽ ἐπὶ τῷ κερδαίνειν πᾶν ἂν οὗτος

7] > A ~

ποιήσειεν. Kal μὴν, ὦ ἄνδρες ᾿Αθηναῖοι, μᾶλλον
Yd a A
ἄξιον ὀργίλως ἔχειν τοῖς μετ᾽ εὐπορίας πονηροῖς
a“ ~ nw ~

ἢ τοῖς μετ᾽ ἐνδείας. τοῖς μὲν yap ἡ τῆς χρείας
> 4 ~

ἀνάγκη φέρει τινὰ συγγνώμην παρὰ τοῖς avOpw-
/

πίνως λογιζομένοις: οἱ δ᾽ ἐκ περιουσίας ὥσπερ
οὗτος πονηροί, οὐδεμίαν πρόφασιν δικαίαν ἔχοιεν
“κι » - 5 > » / \ / A
av εἰπεῖν, ἀλλ᾽ αἰσχροκερδείᾳ καὶ πλεονεξίᾳ καὶ
΄“ ~ ~ ~
ὕβρει καὶ τῷ Tas αὑτῶν συστάσεις κυριωτέρας τῶν
, τ > =

νόμων ἀξιοῦν εἶναι ταῦτα φανήσονται πράττοντες.
ὑμῖν δ᾽ οὐδὲν τούτων συμφέρει, ἀλλὰ τὸν ἀσθενῆ

\ ~ / ,ὔ κ᾿ 5 ~ 4

παρὰ τοῦ πλουσίου δίκην, ἂν ἀδικῆται, δύνασθαι

- ” A a > A / A ~
λαβεῖν. ἔσται δὲ τοῦτ᾽, ἐὰν κολάζητε τοὺς φανερῶς
οὕτως ἐξ εὐπορίας πονηρούς.

> 4 999 a / \ / \

Οὐ τοίνυν οὐδ᾽ ἃ πέπλασται καὶ βαδίζει παρὰ
τοὺς τοίχους οὗτος ἐσκυθρωπακώς, σωφροσύνης
ἄν τις ἡγήσαιτ᾽ εἰκότως εἶναι σημεῖα, ἀλλὰ μισ-
ανθρωπίας. ἐγὼ γάρ, ὅστις αὐτῷ μηδενὸς συμ-
βεβηκότος δεινοῦ, μηδὲ τῶν ἀναγκαίων σπανίζων,
ἐν ταύτῃ τῇ σχέσει διάγει τὸν βίον, τοῦτον ἡγοῦμαι
συνεωρακέναι καὶ λελογίσθαι παρ᾽ αὑτῷ, ὅτι τοῖς
μὲν ἁπλῶς, ὡς πεφύκασι, βαδίζουσι καὶ φαιδροῖς,

\ / “ \ / \ > /
καὶ προσέλθοι τις av καὶ δεηθείη καὶ ἐπαγγείλειεν
οὐδὲν ὀκνῶν, τοῖς δὲ πεπλασμένοις καὶ σκυθρωποῖς
ὀκνήσειεν τις ἂν προσελθεῖν πρῶτον. οὐδὲν οὖν
994.

AGAINST STEPHANUS, I. 66-69

honourable it would have been to be proved a man of
public spirit and one zealous in the performance of
his duties to the state, than a flatterer and a bearer
of false testimony! But the fellow would do any-
thing to get money. Surely, men of Athens, you
ought to feel indignation rather toward those who
are rascals in wealth than toward those who are such
in poverty. In the case of the latter the pressure of
their needy state affords them some excuse in the
eyes of those who look on the matter with human
sympathy, whereas those who, like this fellow, are
rascals while possessing abundance, could find no
reasonable excuse to offer, but will be shown to act as
they do from a spirit of shameful greed and covetous-
ness and insolence, and a resolve to make their own
plots stronger than the laws. Not one of these things
is to your interest, but rather that the weak, if he
suffers wrong, should be able to get redress from the
wealthy. And he will be able, if you punish those
who are thus manifestly rascals while possessing
wealth.

Neither should the airs which the fellow puts on as
he walks with sullen face along the walls be properly
considered as marks of sobriety, but rather as marks
of misanthropy. In my opinion a man whom no
misfortune has befallen, and who is in no lack of the
necessaries of life, but who none the less habitually
maintains this demeanour, hasreviewed the matter and
reached the conclusion in his own mind, that to those
who walk in a simple and natural way and wear a
cheerful countenance, men draw near unhesitatingly
with requests and proposals, whereas they shrink
from drawing near in the first place to affected and
sullen characters. This demeanour, then, is nothing

VOL. II Q 995

70

[1123]

71

72

DEMOSTHENES

Μ ᾿ς / ~ / \ ~ Pees ἌΝ,
ἄλλ᾽ ἢ πρόβλημα τοῦ τρόπου TO σχῆμα τοῦτ᾽ ἔστι,
καὶ τὸ τῆς διανοίας ἄγριον καὶ πικρὸν ἐνταῦθα
δηλοῖ. σημεῖον δέ: τοσούτων γὰρ ὄντων τὸ πλῆθος
᾿Αθηναίων, πράττων πολὺ βέλτιον ἢ σὲ προσῆκον
ἦν, τῷ πώποτ᾽ εἰσήνεγκας, ἢ τίνι συμβέβλησαί πω,
Ἃ “"-5 Ss "4 > (Le SIS cy \ > A ” > A
ἢ τίν᾽ εὖ πεποίηκας; οὐδέν᾽ ἂν εἰπεῖν ἔχοις: ἀλλὰ
/ \ \ ~ Μ \ \ /
τοκίζων καὶ Tas τῶν ἄλλων συμφορὰς Kal χρείας
> / ~ / 3 / \ A
εὐτυχήματα σαυτοῦ νομίζων, ἐξέβαλες μὲν Tov
σαυτοῦ θεῖον Νικίαν ἐκ τῆς πατρῴας οἰκίας,
> / \ \ ~ A SD > > ἣν
ἀφήρησαι δὲ τὴν σαυτοῦ πενθερὰν ταῦτ᾽ ad’ ὧν
” > / \ \ > / A \ ~
ἔζη, ἀοίκητον δὲ τὸν ᾿Αρχεδήμου παῖδα τὸ σαυτοῦ
μέρος πεποίηκας. οὐδεὶς δὲ πώποθ᾽ οὕτω πικρῶς
δ᾽ ε / > / ε \ \ > /
οὐδ᾽ ὑπερήμερον εἰσέπραξεν ws σὺ τοὺς ὀφείλοντας
τοὺς τόκους. εἶθ᾽ ὃν ὁρᾶτ᾽ ἐπὶ πάντων οὕτως
ἄγριον καὶ μιαρόν, τοῦτον ὑμεῖς ἠδικηκότ᾽ ἐπ᾽
avtod / ἣ / 2 / θ A ὃ , > a
wpw λαβόντες od τιμωρήσεσθε; δείν᾽ ap,
ὦ ἄνδρες δικασταί, ποιήσετε κοὐχὶ δίκαια.
"Αξιον τοίνυν, ὦ ἀνδρες ᾿Αθηναῖοι, καὶ Φορμίωνι
~ / \ ~ A
τῷ παρασχομένῳ τουτονὶ νεμεσῆσαι τοῖς πεπραγ-
μένοις, τὴν ἀναίδειαν τοῦ τρόπου καὶ τὴν ἀχαρι-
στίαν ἰδόντας. οἶμαι γὰρ ἅπαντας ὑμᾶς εἰδέναι, ὅτι
τοῦτον, ἡνίκ᾽ ὦνιος ἦν, εἰ συνέβη μάγειρον ἢ τινος
A / \ / x ~
ἄλλης τέχνης δημιουργὸν πρίασθαι, τὴν τοῦ δε-
σπότου τέχνην ἂν μαθὼν πόρρω τῶν νῦν παρόντων
“ 3 ~
ἦν ἀγαθῶν. ἐπειδὴ δ᾽ ὁ πατὴρ ὁ ἡμέτερος τραπε-
ζίτης ὧν ἐκτήσατ᾽ αὐτὸν καὶ γράμματ᾽ ἐπαίδευσεν
καὶ τὴν τέχνην ἐδίδαξε καὶ χρημάτων ἐποίησε
226

AGAINST STEPHANUS, I. 69-72

but a cloak to cover his real character, and he
shows therein the rudeness and malignity of his
temper. Here isa proof. You have been far better
off than you deserved, yet to whom among the
whole host of Athenians have you ever made a con-
tribution ? To whom have you ever lent aid, or to
whom done a kindness? You could not name a
single one ; but while lending money at interest and
regarding the misfortunes and necessities of others
as your own good fortune, you ejected your own
uncle Nicias from the house of his fathers, you have
taken from your own mother-in-law the resources
upon which she lived, and you have, in so far as it
depended upon you, rendered homeless the son of
Archedemus. No one ever exacted payment from a
defaulter as rigorously as you exact interest from
your debtors. A man, then, whom you find to be so
brutal and so savage on all occasions, are you going
to fail to punish him when you have caught him in
the very act of wrongdoing? In that case, men of
the jury, you will do what is an outrage and in no
sense right.

It is fitting therefore, men of Athens, that you
should wax indignant also against Phormio, for
bringing this man forward as a witness, when you see
the shamelessness of his character and his ingratitude.
For I fancy you all know that if, when the fellow was
for sale, a cook or an artisan in any other trade had
bought him, he would have learned the trade of his
master and been far removed from the prosperity
which now is his. But since my father into whose
possession he came, was a banker and taught him
letters and instructed him in his business and put him
in control of large sums of money, he has become

227

-.-“
-

“1
τῷ

DEMOSTHENES

>

, ~ 3 / / A ra
κύριον πολλῶν, εὐδαίμων γέγονεν, τὴν τύχην, ἡ

c

A ¢€ ~ 3 / > > \ Α / ~ ~
πρὸς ἡμᾶς ἀφίκετ᾽, ἀρχὴν λαβὼν πάσης τῆς νῦν

, > , ᾽ ὡς , > oa \
73 παρούσης εὐδαιμονίας. οὐκοῦν δεινόν, ὦ γῆ καὶ

74

[1194]

76

θεοί, καὶ πέρα δεινοῦ, τοὺς “EAAnva μὲν ἀντὶ Bap-
βάρου ποιήσαντας, γνώριμον δ᾽ ἀντ᾽ ἀνδραπόδου,
τοσούτων δ᾽ ἀγαθῶν ἡγεμόνας, τούτους περιορᾶν
ἐν ταῖς ἐσχάταις ἀπορίαις ὄντας ἔχοντα καὶ πλου-
τοῦντα, καὶ εἰς τοῦθ᾽ ἥκειν ἀναιδείας, ὥσθ᾽, ἧς
Tap ἡμῶν τύχης μετέσχε, ταύτης ἡμῖν μὴ τολμᾶν
μεταδοῦναι. ἀλλ᾽ αὐτὸς μὲν οὐκ ὥκνησε τὴν
δέσποιναν γῆμαι, καὶ ἢ τὰ καταχύσματ᾽ αὐτοῦ
κατέχεεν τόθ᾽ ἡνίκ᾽ ἐωνήθη, ταύτῃ συνοικεῖ, οὐδὲ
προῖκα πέντε τάλανθ᾽ αὑτῷ γράψαι, χωρὶς ὧν
οὔσης τῆς μητρὸς κυρίας οὗτος ἐγκρατὴς γέγονεν
πολλῶν χρημάτων (τί γὰρ αὐτὸν οἴεσθ᾽ εἰς τὰς
διαθήκας ἐγγράψαι “ καὶ τἄλλα, ὅσα ἐστίν,
᾿Αρχίππῃ δίδωμι᾽᾽;) τὰς δ᾽ ἡμετέρας θυγατέρας
μελλούσας δι᾽ ἔνδειαν ἀνεκδότους ἔνδον γηράσκειν
περιορᾷ. καὶ εἰ μὲν πένης οὗτος ἦν, ἡμεῖς
εὐποροῦντες ἐτυγχάνομεν, καὶ συνέβη τι παθεῖν,
οἷα πόλλ᾽, ἐμοί, οἱ παῖδες ἂν ot τούτου τῶν ἐμῶν
θυγατέρων ἐπεδικάζοντο, οἱ τοῦ δούλου τῶν τοῦ
δεσπότου: θεῖοι γάρ εἰσιν αὐταῖς διὰ τὸ τὴν μητέρα
τὴν ἐμὴν τοῦτον λαβεῖν: ἐπειδὴ δ᾽ ἀπόρως ἡμεῖς
ἔχομεν, τηνικαῦτα οὐ συνεκδώσει ταύτας, ἀλλὰ
λέγει καὶ λογίζεται τὸ πλῆθος ὧν ἐγὼ χρημάτων
ἔχω.

Καὶ γὰρ τοῦτ᾽ ἀτοπώτατον πάντων. ὧν μὲν

1 After τηνικαῦτα Blass inserts δ᾽.

α Tt was believed to be a good omen to scatter sweetmeats,

228

AGAINST STEPHANUS, I. 72-76

wealthy, having found the good luck which brought
him into our family the foundation of all his present
wealth. It is outrageous, then, O Earth and the gods,
and worse than outrageous, that he should suffer
those who made him a Greek instead of a barbarian
and a man of note instead of a slave, and who brought
him to such great prosperity, to live in dire want while
he has means and is rich, and that he should have
come to such a pitch of shamelessness that he cannot
bring himself to share with us the good fortune which
we shared with him. But for himself he has not
scrupled to marry his mistress, and he dwells as
husband with her who scattered the sweatmeats over
him when he was bought as a slave,* nor to write a
clause giving himself a marriage portion of five talents
in addition to the large sums of which he became
master, inasmuch as they were in the custody of my
mother—for why do you suppose he wrote in the will
the clause “and all else which she has I give to
Archippé ” :—while he looks with indifference on my
daughters, who are doomed through poverty to grow

73

74

old in maidenhood with none to dower them. If 75

Phormio had been poor, and it had been our fortune
to be wealthy, and if, in the course of nature, anything
had happened to me, this fellow’s sons would have
claimed my daughters in marriage—the sons of the
slave would have claimed the daughters of the master !
for they are their uncles, since the man married my
mother ; but seeing that it is we who are poor, he will
not help to portion them off, but he talks and talks, and
reckons up the amount of property which J possess.

For this is the most absurd thing of all. Up to this

nuts, etc., over the head of a newly purchased slave. See
Aristophanes, Plutus 768.

229

76

DEMOSTHENES

> a
ἀπεστέρηκεν ἡμᾶς χρημάτων, οὐδέπω καὶ τήμερον
> / ς A \ / 5 \ > >
ἠθέλησεν ὑποσχεῖν τὸν λόγον, ἀλλὰ μηδ᾽ εἰσαγω-
/ ~
γίμους εἶναι Tas δίκας παραγράφεται: ἃ δὲ τῶν
~ \
πατρῴων ἐνειμάμην ἐγώ, ταῦτα λογίζεται. καὶ
\ \ ΝΜ A Ww A > / «ς ‘ ~
τοὺς μὲν ἄλλους ἀν τις ἴδοι τοὺς οἰκέτας ὑπὸ τῶν
a a ,
δεσποτῶν ἐξεταζομένους" οὗτος δ᾽ αὐτὸ τοὐναντίον
\ / « ~ > / (2 ~ \
τὸν δεσπότην ὁ δοῦλος ἐξετάζει, ws δῆτα πονηρὸν
δ oy, > ΄ > , 5038 > =

77 καὶ ἄσωτον ἐκ τούτων ἐπιδείξων. ἐγὼ δ᾽, ὦ
Μ ὃ ΑΘ ~ ~ \ Μ ΄-“ / \ a
ἄνδρες ηναῖοι, τῆς μὲν ὄψεως τῇ φύσει καὶ τῷ
ταχέως βαδίζειν καὶ λαλεῖν μέγα, οὐ τῶν εὐτυχῶς
πεφυκότων ἐμαυτὸν κρίνω: ἐφ᾽ οἷς γὰρ οὐδὲν
3 ΄ “ ” ” ~
ὠφελούμενος λυπῶ τινας, ἔλαττον ἔχω πολλαχοῦ"
τῷ μέντοι μέτριος κατὰ πάσας τὰς εἰς ἐμαυτὸν

[1125] δαπάνας εἶναι, πολὺ τούτου καὶ τοιούτων ἑτέρων
> / ~ Ἃ / \ > > \ /

78 εὐτακτότερον ζῶν av daveinv. τὰ δ᾽ εἰς τὴν πόλιν

\ CP +) 3 € ~ ε / / > «
καὶ ὅσ᾽ εἰς ὑμᾶς, ὡς δύναμαι λαμπρόταθ᾽, ὡς
ὑμεῖς σύνιστε, ποιῶ: οὐ γὰρ ἀγνοῶ τοῦθ᾽ ὅτι τοῖς
μὲν γένει πολίταις ὑμῖν ἱκανόν λῃτουργεῖν ὡς ot
νόμοι προστάττουσι, τοὺς δὲ ποιητοὺς ἡμᾶς, ὡς
ἀποδιδόντας χάριν, οὕτω προσήκει φαίνεσθαι
λῃτουργοῦντας. μὴ οὖν μοι ταῦτ᾽ ὀνείδιζε, ἐφ᾽

a > , 7, 5. aN ,

79 οἷς ἐπαίνου τύχοιμ᾽ ἂν δικαίως. ἀλλὰ τίν᾽, ὦ
Φορμίων, τῶν πολιτῶν ἑταιρεῖν, ὥσπερ σύ, με-
μίσθωμαι; δεῖξον. τίνα τῆς πόλεως, ἧς αὐτὸς
ἠξιώθην, καὶ τῆς ἐν αὐτῇ παρρησίας ἀπεστέρηκα,
ὥσπερ σὺ τοῦτον ὃν κατήσχυνας; τίνος γυναῖκα

/ a \ \ - 4 /
διέφθαρκα, ὥσπερ σὺ πρὸς πολλαῖς ἄλλαις ταύτην,
7 τὸ μνῆμ᾽ ὠκοδόμησ᾽ ὁ θεοῖς ἐχθρὸς οὗτος
πλησίον τοῦ τῆς δεσποίνης, ἀνηλωκὼς πλέον ἢ

230

AGAINST STEPHANUS, I. 76-79

day he has never seen fit to render an account of the
money of which he has defrauded me, but enters a
special plea that my action is not even admissible ;
yet he charges against me what I have received from
the estate of my fathers. Other slaves one may see
called to strict account by their masters, but here we
see the very opposite: the fellow, though a slave,
calls his master to account, thinking thereby to show
him forth as a vile fellow and a prodigal. For myself,
men of Athens, in the matter of my outward appear-
ance, my fast walking, and my loud voice, I judge
that I am not one of those favoured by nature ; for
in so far as I annoy others without benefiting myself,
I am in many respects at a disadvantage ; but since I
am moderate in all my personal expenses, it will be
seen that I live a much more orderly life than Phormio
and others who are like him. Whatever concerns the
state, however, and all that concerns you, I perform,
as you know, as lavishly as I can ; for I am well aware
that for you who are citizens by birth it is sufficient to
perform public services as the laws require ; we on
the contrary who are created citizens ought to show
that we perform them as a grateful payment of a
debt. Cease, then, to fling into my teeth matters
for which I should properly win commendation.
But, Phormio, whom of the citizens have I hired for
prostitution, as you have done? Show me. Whom
have I deprived of the citizenship of which I was
deemed worthy, and of the right of free speech in the
city, as you did in the case of the man whom you dis-
honoured ? Whose wife have I debauched, as you
have the wives of many ?—among them her to whom
this god-detested fellow built the monument near
that Ξ his mistress at a cost of more than two talents.

231

78

19

DEMOSTHENES

/ / \ > » / a ΕῚ ‘ ~
τάλαντα δύο; καὶ οὐκ ἠσθάνετο, ὅτι οὐχὶ τοῦ
/ - ~
τάφου μνημεῖον ἔσται TO οἰκοδόμημα τοιοῦτον ὄν,
3 \ ~ > / ΗΕ \ »Μ > > / > / \
ἀλλὰ τῆς ἀδικίας ἧς τὸν ἀνδρ᾽ ἠδίκηκεν ἐκείνη διὰ
80 τοῦτον. εἶτα τοιαῦτα ποιῶν καὶ τηλικαύτας μαρ-
/ > ~ ~ ~
Tuplas ἐξενηνοχὼς τῆς ὕβρεως τῆς σεαυτοῦ σύ,
τὸν ἄλλου του βίον ἐξετάζειν τολμᾷς; pel?
ε / > \ / \ \ Ve ΚΣ fe) Φ /
ἡμέραν εἶ σὺ σώφρων, τὴν δὲ νύκτ᾽ ἐφ᾽ ois θάνατος
~ - > > ΄
ζημία, ταῦτα ποιεῖς. πονηρός, ὦ ἄνδρες ᾿Αθηναῖοι,
πονηρὸς οὗτος ἄνωθεν ἐκ τοῦ ᾿Ανακείου κἀάδικος.
σημεῖον δέ: εἰ γὰρ ἦν δίκαιος, πένης ἂν ἦν τὰ τοῦ
~ /
δεσπότου διοικήσας. νῦν δὲ τοσούτων χρημάτων
τὸ πλῆθος κύριος καταστάς, ὥστε τοσαῦτα λαθεῖν
> > > ~ / “ ~ / > > /
ἀπ᾽ αὐτῶν κλέψας ὅσα viv κέκτηται, οὐκ ὀφείλειν
81 ταῦτ᾽, ἀλλὰ πατρῷ᾽ ἔχειν ἡγεῖται. καίτοι πρὸς
~ ~ >
[1126] θεῶν, εἰ κλέπτην σ᾽ ἀπῆγον ws ἐπ᾽ αὐτοφώρῳ,
τὴν οὐσίαν ἣν ἔχεις, εἴ πως οἷόν T ἦν, ἐπιθείς σοι,
> 7 ON ee al > \ \ ε , ee ek,
εἶτά σ᾽ ἠξίουν, εἰ μὴ φὴς ὑφηρημένος ταῦτ᾽ ἔχειν,
3 ~ a ” > £29 vw > > /
ἀναγαγεῖν ὅθεν εἴληφας, εἰς τίν᾽ ἂν αὔτ᾽ ἀνήγαγες;
ae
οὔτε γάρ σοι πατὴρ παρέδωκεν, οὔθ᾽ εὗρες, οὔτε
λαβών ποθεν ἄλλοθεν ἦλθες ὡς ἡμᾶς: βάρβαρος
3 a =~ > A
yap ἐωνήθης. εἶθ᾽ ᾧ δημοσίᾳ προσῆκ᾽ ἐπὶ τοῖς
΄ \
εἰργασμένοις τεθνάναι, σύ, TO σῶμα σεσωκὼς Kal
~ ~ /
πόλιν ἐκ TOV ἡμετέρων σαυτῷ κτησάμενος, καὶ
- 3 \ ΝΟ ~ / > A
παῖδας ἀδελφοὺς τοῖς σεαυτοῦ δεσπόταις ἀξιωθεὶς
> \
ποιήσασθαι, παρεγράψω μὴ εἰσαγώγιμον εἶναι τὴν
~ > ε ~
δίκην τῶν ἐγκαλουμένων χρημάτων ὑφ᾽ ἡμῶν;

2 This was one of the places where slaves were sold.
232

AGAINST STEPHANUS, I. 79-82

And he did not see that a structure, being of that sort,
would be a monument, not of her tomb, but of the
wrong which because of him she had done to her
husband. Do you, then, who perform acts like these, 80
and who have given such manifest proofs of your out-
rageous conduct, dare to scrutinize the manner of life
of anyone else? By day you act soberly, but the
whole night long you indulge in actions for which
death is the penalty. He is a knave, men of Athens,
a knave and a villain, and has been such from of old,
ever since he left the temple of Castor and Pollux.*
Here is the proof. If he had been honest, he would
have managed his master’s business, and remained
poor. But as it is, having got control of so large an
amount of money that he could steal from it all that
he now possesses without detection, he regards what
he holds, not as a debt, but as an inherited patrimony.
And yet, by the gods, if I had led you off to prison as 81
a thief caught in the act, piling upon your back—if
this had been in any way possible—the wealth which
you now possess, and had then demanded of you, if
you denied having got this wealth by thievery, to
refer me to the source from which you got it, to whom
would you have referred me? Your father did not
give it to you; you did not find it ; you had not got it
from some other source when you come into our family ;
for you were a barbarian when you were purchased.
Have you, then, a man who ought to have been
publicly put to death for what you have done, after
saving your skin, after securing for yourself a city
with our money, and after being allowed to beget
children as brothers to your own eer hae you
entered a special plea that our action for the sums
claimed from you is inadmissible ? And, then, did 82

233

82

89

85

DEMOSTHENES

5 ~ ¢ ~ >
εἶτα κακῶς ἡμᾶς ἔλεγες, Kal τὸν ἡμέτερον πατέρ
ΞΟ bu zy >74? e / > ΝΜ > ”
ἐξήταζες ὅστις ἦν; ἐφ᾽ ols Tis οὐκ ἄν, ὦ ἄνδρες
3 a ~
Αθηναῖοι, χαλεπῶς ἤνεγκεν; ἐγὼ yap, εἰ πάντων
τῶν ἄλλων ὑμῶν ἔλαττον προσήκει μοι φρονεῖν,

/ cal
τούτου γε μεῖζον οἶμαι, Kal τούτῳ γ᾽ εἰ μηδενὸς
~ A ” > ~ 3 ” y+ \
τῶν ἄλλων ἔλαττον, ἐμοῦ γ᾽ ἔλαττον: ὄντων γὰρ
€ ~
ἡμῶν τοιούτων, ὁποίους τινὰς ἂν σὺ κατασκευάσῃς
- , \ A >
τῷ λόγῳ, ad δοῦλος ἦσθα.
/ / μ᾿ ” \ ~ / ~ "
Τάχα τοίνυν ἂν ἴσως καὶ τοῦτό τις αὐτῶν εἴποι,
> ΄- A ~
ws ἀδελφὸς ὧν ἐμὸς [Πασικλῆς οὐδὲν ἐγκαλεῖ τῶν
᾽ ~ / / > \ > Ss »”
αὐτῶν τούτῳ πραγμάτων. ἐγὼ δ᾽, ὦ ἄνδρες
3 A

Αθηναῖοι, καὶ περὶ ΠΠασικλέους, παραιτησάμενος
καὶ δεηθεὶς ὑμῶν συγγνώμην ἔχειν, εἰ προεληλυθὼς

> af σ > ε \ ~ > ~ / e \
εἰς τοῦθ᾽ ὥσθ᾽ ὑπὸ τῶν ἐμαυτοῦ δούλων ὑβρισθεὶς

3 / “- Δ / QA nA »
οὐ δύναμαι κατασχεῖν, ἃ τέως οὐδὲ τῶν ἄλλων
λεγόντων ἀκούειν ἐδόκουν, ἐρῶ καὶ οὐ σιωπήσομαι.
> \ N: ¢ / \ > \ > lot
ἐγὼ yap ὁμομήτριον μὲν ἀδελφὸν ἐμαυτοῦ Ilac-

, , ε , > > > ,
κλέα νομίζω, ὁμοπάτριον δ᾽ οὐκ οἶδα, δέδοικα
μέντοι μὴ τῶν Φορμίωνος ἁμαρτημάτων εἰς ἡμᾶς
> \ ~ > a \ ~ 7 ~
ἀρχὴ Πασικλῆς ἧ. ὅταν γὰρ τῷ δούλῳ συνδικῇ

\ A > ~ \ \

Tov ἀδελφὸν ἀτιμῶν, Kal παραπεπτωκὼς θαυμάζῃ

τούτους ὑφ᾽ ὧν αὐτῷ θαυμάζεσθαι προσῆκε, τίν᾽

” / a? ε ,ὔ A > 2 > /

ἔχει δικαίαν ταῦθ᾽ ὑποψίαν; aver’ οὖν ἐκ μέσου

«

μοι ἸΠασικλέα, καὶ σὸς μὲν υἱὸς ἀντὶ δεσπότου
/ > \ > > 7ὔ / / > >

καλείσθω, ἐμὸς δ᾽ ἀντίδικος (βούλεται yap) ἀντ

ἀδελφοῦ.

ἜΝ \ δὲ / \ / λέ Δ δ᾽ « /

γὼ δὲ τούτῳ μὲν χαίρειν λέγω, οὗς δ᾽ ὁ πατήρ
/ A A / > /
μοι παρέδωκε βοηθοὺς Kat φίλους, εἰς τούτους
ἥκω, εἰς ὑμᾶς, ὦ ἄνδρες δικασταί. καὶ δέομαι
284.

AGAINST STEPHANUS, I. 82-85

you speak evil of me, and inquire what manner of
man my father was? Men of Athens, who would
not have been indignant at this? For my part,
though it beseem me to have less of pride than any
of you, yet I judge that I may at least have more
than Phormio, while as for him, though there be no
one else than whom he should have less, yet he
should have less than I; for, assuming that we are
the sort of people your words made us out to be, you,
Phormio, were none the less our slave.

There is perhaps something else which one of them
may say: that Pasicles, although he is my brother,
makes no charge against Phonic for these same ac-
tions. Well, I τ speak about Pasicles, too, men
of Athens, though I beg and implore you to pardon
me, if I am so fed away by indignation at the
outrages I have received from my own slaves as to
be unable to restrain myself ; I will not keep silent,
but will declare what until now I pretended not
to hear when others said it ;—I consider Pasicles
to be my brother on my mother’s side, but whether
on my father’s side also, I do not know; but I am
afraid that the wrongs which Phormio has done
us began with Pasicles. For when he joins in plead-
ing the cause of the slave and dishonours his brother,
when he fawns upon those, and curries the favour
of those, who ought to seek his favour, to what sus-
picion does this naturally give rise? Away, then,
with Pasicles, and let him be called your son in-
stead of your master, and my adversary (since he
so chooses) instead of my brother.

I bid adieu to this fellow and appeal to those to
whom my father left me as my helpers and friends
—to you, men of the jury. And I beg and entreat

235

86

87

[1128]

DEMOSTHENES

\ > AO \ e / \ ε / , \
Kal ἀντιβολῶ καὶ ἱκετεύω, μὴ ὑπερίδητέ με καὶ
\ / > ” ΄ > ~ /
τὰς θυγατέρας δι᾽ ἔνδειαν τοῖς ἐμαυτοῦ δούλοις
\ - if
καὶ Tots τούτου κόλαξιν ἐπίχαρτον γενόμενον.
\ A
οὑμὸς ὑμῖν πατὴρ χιλίας ἔδωκεν ἀσπίδας, Kal
\ ὮΝ
πολλὰ χρήσιμον αὑτὸν παρέσχε, καὶ πέντε ἐθε-
\ \ ~
λοντὴς ἐπιδοὺς Kal παρ᾽ ἑαυτοῦ πληρώσας ἐτριη-
/ / \ ~
ράρχησε τριηραρχίας. καὶ ταῦτ᾽, οὐκ ὀφείλειν
~ / € A ~
ὑμᾶς νομίζων χάριν ἡμῖν, ὑπομιμνήσκω: ἡμεῖς
yt > wr «ς lal ἰλλ᾽ a \ / θ \
yap ὀφείλομεν ὑμῖν: ἀλλ᾽ wa μὴ λάθω τι παθὼν
τούτων ἀνάξιον: οὐδὲ γὰρ ὑμῖν ἂν γένοιτο καλόν.
\ DEE: > - \ e “ > €
Πολλὰ δ᾽ ἔχων εἰπεῖν περὶ ὧν ὕβρισμαι, οὐχ ἱκα-
νὸν τὸ ὕδωρ ὁρῶ μοι. ὡς οὖν μάλιστ᾽ av ἅπαν-
~ ~ ~ e /
τας ὑμᾶς ἡγοῦμαι γνῶναι τὴν ὑπερβολὴν ὧν ἠδική-
μεθ᾽ ἡμεῖς, φράσω: εἰ σκέψαιτο πρὸς αὑτὸν ἕκαστος
ὑμῶν τίν᾽ οἴκοι κατέλιπεν οἰκέτην, εἶθ᾽ ὑπὸ τούτου
723 ¢ \ / af)? “ . ~ ε \ /
πεπονθόθ᾽ ἑαυτὸν θείη ταῦθ᾽ ἅπερ ἡμεῖς ὑπὸ τού-
\ \ > / ”“ / a / “
του. μὴ γὰρ εἰ Σύρος 7 Μάνης ἢ τίς ἕκαστος
> / ven \ / > \ A ~ > /
ἐκείνων, οὗτος δὲ Φορμίων: ἀλλὰ τὸ πρᾶγμα ταὐτό"
δοῦλοι μὲν ἐκεῖνοι, δοῦλος δ᾽ οὗτος ἦν, δεσπόται
δ᾽ ὑμεῖς, δεσπότης δ᾽ ἦν ἐγώ. ἣν τοίνυν ὑμῶν ἂν
a / > , - te ,
ἕκαστος δίκην ἀξιώσειε λαβεῖν, ταύτην νομίζετε
κἀμοὶ προσήκειν νῦν: καὶ τὸν ἀφῃρημένον τῷ μαρ-
΄ ~ ~ \
τυρῆσαι τὰ ψευδῆ, Kal ὑπὲρ τῶν νόμων Kal ὑπὲρ
τῶν ὅρκων, οὗς ὀμωμοκότες δικάζετε, τιμωρήσασθε
καὶ παράδειγμα ποιήσατε τοῖς ἄλλοις, μνημονεύον-
7 > (Aa) > / > ς ~ \ /
τες πάνθ᾽ ὅσ᾽ ἀκηκόαθ᾽ ἡμῶν, καὶ φυλάττοντες,
ἐὰν παράγειν ἐπιχειρῶσιν ὑμᾶς, πρὸς ἕκαστον
ἀπαντῶντες: ἐὰν μὴ φῶσιν ἅπαντα μεμαρτυ-
ρηκέναι, “᾿ τί οὖν ἐν τῷ γραμματείῳ γέγραπται;
236

AGAINST STEPHANUS, I. 85-87

and implore you, do not suffer my daughters and
myself through our poverty to become a source of
malicious joy to my own slaves and to his flatterers.
My father gave you a thousand shields and made him-
self serviceable to you in many ways, and five times
served as trierarch, voluntarily equipping the ships
and manning them at his own expense. I remind
you of this, not because I consider that you are under
obligation to me—for it is I that am under obligation
to yon,—but in order that I may not suffer unworthy
treatment without your knowing it. For that would
not be a credit to you any more than to me.

I have much to say regarding the indignities which
I have suffered, but I see that I have not enough water
left in the clock. I will tell you, therefore, how I think
you will all best come to know the enormity of the
wrongs that have been done me. You must each of
you consider what slave he left at home, and then im-
agine that you have suffered from him the same treat-
ment that I have suffered from Phormio. Do not take
into consideration that they are severally Syrus or
Manes or what not, while this fellow is Phormio. The
thing is the same—they are slaves, and he was a
slave ; you are masters, and I was master. Believe,
then, that it is fitting now for me to exact the penalty
which each one of you would claim; and in the
interest of the laws and of the oaths which you have
taken as jurors punish the man who has robbed me
of a verdict by giving false testimony, and make him
an example to others, remembering all that you have
heard from me and bearing it in acl 1 they attempt
to mislead you, and meeting them at every point.
If they deny that they have borne witness to all the
facts, ask them these questions, ‘‘ What stands written

237

DEMOSTHENES

Δ “" , ΩΝ > / / £ 4 ~ Μ
τί οὖν οὐ τότ᾽ ἀπηλείφου; τίς ἡ παρὰ τοῖς ἀρ-
> / }) SIS / A A
88 yovow ἀντιγραφή ; ἐὰν μεμαρτυρηκέναι TOV μὲν

> ~ A / \ > >

ἐπιτροπευθῆναι κατὰ διαθήκας, τὸν δ᾽ ἐπιτρο-
~ A Dio, “ce / "ἢ @ ,ὔ / ”

πεῦσαι, Tov δ᾽ ἔχειν, “‘ ποίας; ev αἷς Ti γέγραπται;
ταῦτ᾽ ἐρωτᾶτε: ἃς γὰρ οὗτοι μεμαρτυρήκασιν,
τ \ > /, ἊΝ ϑ > > /
οὐδεὶς ἐκείνων προσμεμαρτύρηκεν. ἐὰν δ᾽ ὀδύ-

\ FI , / ~ ,

ρωνται, Tov πεπονθότ᾽ ἐλεινότερον τῶν δωσόντων
δίκην ἡγεῖσθε. ταῦτα γὰρ ἂν ποιῆτ᾽, ἐμοί τε

vA \ 4 ~ ἍΜ rg >.
βοηθήσετε, Kai τούτους THs ἄγαν κολακείας ἐπι-

/ \ 5, ΡΝ \ ” yo θ᾽ 2s φ ,
σχῆσετε, και AVTOL τὰ EVOPK ἐσέεσ εψηφισμενοι.

238

AGAINST STEPHANUS, I. 87-88

in the deposition? Why did you not strike it out
at the time? What is the counter-plea in the
custody of the archons?’’ If they declare that they
have testified, one person that he lived as ward under
a will, another that he served as guardian, and another
that he has the will in his possession, demand of
them, “ What will? What were the provisions con-
tained in it?’ For to the deposition to which these
men bore witness no one of the others has given
corroborative testimony. But if they try whining
tactics, you should consider that the one wronged is
more deserving of pity than those about to be
punished. If you act in this way, you will succour
me, and you will restrain these men from their
excessive adulation ; and to your own satisfaction you
will have rendered a righteous verdict.

ΝΞ ᾿ am 1. a
Ley
Th te |

ΠΥ
᾿ ΓΙ Bax

o 6. iy) Gaal a hdd i

Ot Divi Ὺ a asm

πο |

ooh "a eS 3 2h re 5 ᾿

_
“028 ἢ a Mee ; oe tee
rie ns ae Oe

vost aaa ae = So) ee yt
FAG ing | be inet ΒΟΥ γοῦ Se
re? an ε ὌΝ aye Od OTN a aor ᾿
ΩΝ, oy ee ie) ne
᾿ ϊ ᾿ μὰ ὄχ δυὸ oe

‘yl ute” Ὁ i eer sea

Pi) AY ee eae ey
ei Sey ᾿ ΨῸ ΥΩ ᾿
Ὁ} «(ἢ re ὅν ΠΣ

Or Α ΠΣ

AGAINST, ΘΈΕΡΓΓΑΝ ΤΌΘ
II

VOL, 11 R

INTRODUCTION

STEPHANUS appears to have replied at some length to
the preceding speech, and after his reply the plaintiff
Apollodorus delivered this one in answer to _ his
defence. In it he charges that Stephanus had
given hearsay evidence contrary to law, and that
Phormio had also acted illegally in using the de-
position of Stephanus as a means of giving evidence
for himself. He maintains further that deliberate
fraud was proved by the fact that the deposition
had manifestly been prepared in advance, since it
was not written on wax, as would have been the
case with a genuine deposition prepared on the spur
of the moment. He then seeks to prove that his
father made no will, and alleges that he could not
legally have done so, and cites various laws in sup-
port of this contention.

The speech is diffuse and ill-arranged, and what-
ever be true of the preceding one, is certainly not
the work of Demosthenes. One of the arguments
advanced to prove that Pasio could not legally have
made a will is a mere quibble (see the note on § 14),
and it is to be noted that, while in this speech
Apollodorus charges that his father was mentally in-
competent, in Oration XLIX § 42 he states that Pasio
during his last illness had written out for him a list of
all the debts due him with the names of the debtors

242

AGAINST STEPHANUS, II

and a statement of the purposes for which the money
had in each case been borrowed.

In addition to the passages cited in the introduc-
tion to the preceding oration the reader may consult
Schaefer, iii. pp. 174 ff., and Blass, iii. pp. 531 ff.

243

XLVI
KATA XTE®ANOY WYEYAOMAPTYPION
B

a /
[1129] “Ore μὲν οὐκ ἀπορήσειν ἔμελλε Στέφανος οὑτοσί,
7 > ~
ὅ τι ἀπολογήσεται περὶ τῆς μαρτυρίας, παράγων
τῷ λόγῳ, ὡς οὐ πάντα μεμαρτύρηκε τὰ ἐν τῷ
/ ~ ~ \
γραμματείῳ γεγραμμένα, καὶ ἐξαπατῶν ὑμᾶς, Kat
αὐτὸς σχεδόν τι ὑπενόουν, ὦ ἄνδρες δικασταί.
~ ς
πανοῦργός τε γάρ ἐστι, καὶ ot γράφοντες καὶ ot
/ ες \ / 7 LA >
συμβουλεύοντες ὑπὲρ Φορμίωνος πολλοί: ἅμα τ
> ~ ~ ~
εἰκός ἐστι TOUS ἐγχειροῦντας τὰ ψευδῆ μαρτυρεῖν,
\ ~ ΄-
καὶ τὴν ἀπολογίαν εὐθέως ὑπὲρ αὐτῶν μελετᾶν.
[7 OR ΄ » > ~ /

2 ὅτι δ᾽ ἐν τοσούτῳ λόγῳ οὐδαμοῦ μάρτυρας παρ-
/ > ~ “᾿ / ~ \ ~ > ~
ἔσχεθ᾽ ὑμῖν, ws ἢ διατιθεμένῳ TH πατρὶ τῷ ἐμῷ

>

παρεγένετό που αὐτὸς ταύτην τὴν διαθήκην, ὥστ

> / “2 a > / > > \ κὺ ς 7

εἰδέναι ταῦθ᾽ ὅτι ἀντίγραφ᾽ ἐστὶν ὧν ὃ πατήρ μου
7, Bt > \ > \ A “

διέθετο, ἢ ἀνοιχθὲν εἶδε τὸ γραμματεῖον ὅ φασι

διαθέμενον ἐκεῖνον καταλιπεῖν, ταῦτα συμμέμνησθέ
5 /

3 μοι. ἀλλὰ μὴν ὁπότε μεμαρτύρηκεν ἀντίγραφ᾽
εἶναι τῶν διαθηκῶν τῶν Ilaciwvos τὰ ἐν τῷ γραμ-
ματείῳ γεγραμμένα, τὰς δὲ διαθήκας μὴ ἔχει
244

XLVI

APOLLODORUS AGAINST STEPHANUS,
CHARGED WITH GIVING FALSE
TESTIMONY

II

Even of myself, men of the jury, I could pretty well
suspect that this fellow Stephanus would not be at a
loss for something to say in defence of his testimony ;
and that he would seek to mislead and deceive you in
his speech by alleging that he has not borne witness
to everything written in the deposition. For he is
a knave, and there are many to write speeches and
give advice on Phormio’s behalf. Furthermore it
is but natural that those who undertake to give false
testimony should at the start prepare some means of
defending it. But I bid you to bear this in mind, that
in his address, long as it was, he nowhere brought
forward witnesses to prove to you either that he was
himself present when my father made this will, so as
to know that this is a copy of the will which my
father made, or that he saw the document opened
which they declare my father drew up and left as
his will. When, however, my opponent has testified
that what was written in the document was a copy
of the will of Pasio, but is unable to prove either

94.

τῷ

9

DEMOSTHENES

ἐπιδεῖξαι μήθ᾽ ὡς ὁ ,“πατὴρ διέθεθ᾽ ἡμῶν, μήθ᾽ ὡς
αὐτὸς εἶδε παραγενόμενος αὐτὰς διατιθεμένου τοῦ
πατρός, πῶς οὐ περιφανῶς οὗτος ἐξελέγχεται τὰ
ψευδῆ μεμαρτυρηκώς;

4 Et τοίνυν πρόκλησίν φησιν εἶναι καὶ μὴ μαρτυ-
ρίαν, οὐκ ἀληθῆ λέγει. ἅπαντα γὰρ ὅσα παρ-

[1130] ἔχονται εἰς τὸ δικαστήριον προκαλούμενοι ἀλλήλους
οἱ ἀντίδικοι, διὰ μαρτυρίας παρέχονται. οὐ γὰρ
ἂν εἰδείηθ᾽ ὑμεῖς εἴτ᾽ ἐστὶν ἀληθῆ εἴτε ψευδῆ ἅ
φασιν ἑκάτεροι, εἰ μή τις καὶ τοὺς μάρτυρας
παρέχοιτο. ὅταν δὲ παράσχηται, τούτοις πι-
στεύοντες ὑποδίκοις οὖσι, ψηφί Leable ἐκ τῶν λεγο-
μένων καὶ μαρτυρουμένων ἃ ἂν ὑμῖν δοκῇ δίκαια

5 εἶναι. βούλομαι τοίνυν καὶ τὴν μαρτυρίαν ἐξ-
ελέγξαι, ὅτι οὐ πρόκλησίς ἐστι, καὶ ὡς ἔδει μαρ-
τυρεῖν αὐτούς, εἴπερ ἐγίγνετο ἡ πρόκλησις, ὡς οὐκ
ἐγίγνετο. “ μαρτυροῦσι παρεῖναι πρὸς τῷ διαι-
τητῇ Τεισίᾳ, ὅτε προὐκαλεῖτο Φορμίων ᾿Απολλό-

wpov ἀνοίγειν τὸ γραμματεῖον, ὃ παρεῖχεν
᾿Αμφίας ὁ ὁ Κηφισοφῶντος κηδεστής, ᾿Απολλόδωρον

οὐκ ἐθέλειν ἀνοίγειν. οὕτω μὲν ἂν μαρ-
τυροῦντες ἐδόκουν ἀληθῆ μαρτυρεῖν: ἀντίγραφα
δὲ τῶν διαθηκῶν τῶν Ilaciwvos μαρτυρεῖν εἶναι
τὰ ἐν τῷ γραμματείῳ ὃ παρείχετο Φορμίων, μήτε
παραγενομένους ἐκείνῳ διατιθεμένῳ, μήτ᾽ εἰδό-
τας εἰ διέθετο, πῶς οὐ περιφανῶς ἀναισχυντία
δοκεῖ ὑμῖν εἶναι;

6 ᾿Αλλὰ μὴν εἰ φησὶ Φορμίωνος λέγοντος πιστεύειν
ταῦτ᾽ ἀληθῆ εἶναι, τοῦ αὐτοῦ ἀνδρός ἐστι πιστεύειν
τε λέγοντι τούτῳ ταῦτα καὶ κελεύοντι μαρτυρεῖν.
οἱ δέ γε νόμοι οὐ ταῦτα λέγουσιν, ἀλλ᾽ ἃ ἂν εἰδῇ

246

AGAINST STEPHANUS, II. 3-6

that my father made a will or that he was himself
present and saw it when my father drew it up, is he
not manifestly proved to have given false testimony ?
If, now, he maintains that it was a challenge and 4
not a deposition, he is not telling the truth. For all
pieces of evidence which the parties to a suit bring
before the court when they tender challenges to one
another, they bring in by means of depositions. Other-
wise you would not know whether what they severally
say is true or false, if they did not bring forward the
witnesses also. But when they do bring in witnesses,
you rely upon these as being responsible, and so from
the statements and the testimony offered you cast your
votes for what seems to you to be a just verdict. 15
wish therefore to prove to you that the deposition is
not a challenge, and to show you how they ought to
have deposed if the challenge was given, which it was
not,— The deponents testify that they were present
before the arbitrator Teisias, when Phormio chal-
lenged Apollodorus to open the document which
Amphias, the brother-in-law of Cephisophon, pro-
duced, and that Apollodorus refused to open it.” If
they had given their evidence in this way, they would
have appeared to be speaking the truth. But to
depose that what was written in the document which
Phormio produced was a copy of the will of Pasio,
without having been present when Pasio made the
will, or knowing that he had made one, does this not
seem to you to be a manifest piece of insolence ?
And surely, if he says that he believed this to be 6
true because Phormio said it was, it would be like the
same man to believe him when he said this, and to
testify to it at his bidding. The laws, however, do
not say this, but ordain that a man may testify to

247

DEMOSTHENES

τις καὶ οἷς ἂν παραγένηται πραττομένοις, ταῦτα
- /
μαρτυρεῖν κελεύουσιν ἐν γραμματείῳ γεγραμμένα,
“ - ~ ~ ~
iva μήτ᾽ ἀφελεῖν ἐξῇ μηδὲν μήτε προσθεῖναι τοῖς
7 γεγραμμένοις. ἀκοὴν δ᾽ οὐκ ἐῶσι ζῶντος μαρ-
- ~ ~ / \
τυρεῖν, ἀλλὰ τεθνεῶτος, τῶν δὲ ἀδυνάτων Kat
ὑπερορίων ἐκμαρτυρίαν γεγραμμένην ἐν τῷ γραμ-
~ ~ /
ματείῳ: Kal ἀπὸ τῆς αὐτῆς ἐπισκήψεως τήν TE
/ \ > / > ͵ A α..5
[1181] μαρτυρίαν καὶ ἐκμαρτυρίαν ἀγωνίζεσθαι ἅμα, ἵν
>? > ΄-
ἐὰν μὲν ἀναδέχηται ὁ ἐκμαρτυρήσας, ἐκεῖνος
en ~ - \
ὑπόδικος ἢ τῶν ψευδομαρτυριῶν, ἐὰν δὲ μὴ
« /
ἀναδέχηται, ol μαρτυρήσαντες τὴν ἐκμαρτυρίαν.
/ / « ,ὔ MD 5 A fe
8 Στέφανος τοίνυν οὑτοσί, οὔτ᾽ εἰδὼς διαθήκας
~ rd
καταλιπόντα τὸν πατέρα ἡμῶν, οὔτε παραγενό-
μενος πώποτε διατιθεμένῳ τῷ πατρὶ ἡμῶν, ἀκού-
σας δὲ Φορμίωνος, μεμαρτύρηκεν ἀκοὴν τὰ ψευδῆ
τε καὶ παρὰ τὸν νόμον.
\ Ay ἡ > ~ / 5 \ ec a A /
Kai ταῦθ᾽ ὅτι ἀληθῆ λέγω, αὐτὸν ὑμῖν Tov νόμον
ἀναγνώσεται.

ΝΟΜΟΣ

» Ἀ 3 ca Le > / QA
Ακοὴν εἶναι μαρτυρεῖν τεθνεῶτος, ἐκμαρτυρίαν δὲ
ὑπερορίου καὶ ἀδυνάτου.

€ Ἁ
9 ‘Qs τοίνυν καὶ παρ᾽ ἕτερον νόμον μεμαρτύρηκεν,

> ~ e ~ / a > ~ Ὁ“ /
ἐπιδεῖξαι ὑμῖν βούλομαι, ἵνα εἰδῆτε ὅτι μεγάλων
ἀδικημάτων οὐκ ἔχων καταφυγὴν 6 Φορμίων,

/ \ / \ / ” > A
πρόφασιν λαβὼν λόγῳ τὴν πρόκλησιν, ἔργῳ αὐτὸς
αὑτῷ μεμαρτύρηκε προστησάμενος τούτους, δι᾿ ὧν
ot μὲν δικασταὶ ἐξηπατήθησαν ὡς ἀληθῆ τούτων
248

AGAINST STEPHANUS, II. 6-9

what he knows, or to matters at the doing of which he
was present, and that his testimony must be com-
mitted to writing in order that it may not be possible
to subtract anything from what is written, or to add
anything to it. Hearsay evidence they do not admit
from a living person, but only from one who is dead ;
but in the case of those who are sick or absent from
the country they allow evidence to be introduced,
provided it be in written form, and the absent witness
and the one submitting his testimony shall alike be
liable to action under the same impeachment, in order
that, if the absent witness acknowledges his evidence,
he may be liable to action for giving false testimony,
and if he does not acknowledge it, the one who sub-
mitted his testimony may be liable. Now Stephanus
here, without knowing that my father left a will or
having ever been present when he drew one up, but
having been told this by Phormio, has given hearsay
evidence which is false, and has done it in defiance of
the law.

To prove that I am telling the truth in this, the
clerk shall read you the law itself.

THe Law

It shall be lawful to introduce hearsay evidence from one
that is dead, and written evidence given in absence from
one who is out of the country, or is sick.

Now I wish to prove to you that he has given
evidence contrary to another law also, that you may
know that Phormio, having no harbour of refuge
from the grievous wrongs he has committed, had made
a pretence of the challenge, but actually has given
evidence for himself, screening himself behind the
testimony of these men, by which the jurymen were

249

.1

oo

10

[1132]

1

DEMOSTHENES

μαρτυρούντων, ἐγὼ δὲ ἀπεστερήθην ὧν ὃ πατήρ
μοι κατέλιπε χρημάτων καὶ τοῦ δίκην λαβεῖν περὶ
ὧν ἀδικοῦμαι. μαρτυρεῖν γὰρ οἱ νόμοι οὐκ ἐῶσιν
αὐτὸν αὑτῷ οὔτ᾽ ἐπὶ ταῖς γραφαῖς οὔτ᾽ ἐπὶ ταῖς
δίκαις οὔτ᾽ ἐν ταῖς εὐθύναις. ὁ τοίνυν Φορμίων
αὐτὸς αὑτῷ μεμαρτύρηκεν, ὁπότε φασὶν οὗτοι
ἀκούσαντες ἐκείνου ταῦτα μεμαρτυρηκέναι.

Ἵνα δὲ εἰδῆτε ἀκριβῶς, αὐτὸν τὸν νόμον μοι
ἀνάγνωθι.

ΝΟΜΟΣ

[4 nw 5 , > , > Φ᾿ ΄, 3 ᾽7ὔ
Τοῖν ἀντιδίκοιν ἐπάναγκες εἶναι ἀποκρίνασθαι ἀλλή-
λοις τὸ ἐρωτώμενον, μαρτυρεῖν δὲ μή.

te / \ A / eA 7
Σκέψασθε τοίνυν τουτονὶ τὸν νόμον, ὃς κελεύει
~ ~ \
ὑποδίκους εἶναι τῶν ψευδομαρτυριῶν καὶ κατ᾽
~ ul - \ \ /
αὐτὸ τοῦτο, OTL μαρτυρεῖ παρὰ TOV νόμον.

ΝΟΜΟΣ

Ἔστω δὲ καὶ ὑπόδικος τῶν ψευδομαρτυριῶν ὁ μαρ-
τυρήσας αὐτοῦ τούτου, ὅτι μαρτυρεῖ παρὰ τὸν νόμον᾽
καὶ ὁ προβαλόμενος κατὰ ταὐτά.

Ἔτι τοίνυν κἂν ἀπὸ τοῦ γραμματείου γνοίη τις,
ἐν ᾧ ἡ μαρτυρία γέγραπται, ὅτι τὰ ψευδῆ μεμαρ-
τύρηκεν. λελευκωμένον τε γάρ ἐστι καὶ οἴκοθεν
κατεσκευασμένον. καίτοι τοὺς μὲν τὰ πεπραγμένα
μαρτυροῦντας προσήκει οἴκοθεν τὰς μαρτυρίας
κατεσκευασμένας μαρτυρεῖν, τοὺς δὲ τὰς προκλήσεις
μαρτυροῦντας, τοὺς ἀπὸ ταὐτομάτου προστάντας,

@ As the deposition was written (with a dark pigment) on
a whitened tablet, it had obviously been prepared in advance.

250

AGAINST STEPHANUS, II. 9-11

deceived, assuming that they were testifying to the
truth, and I was robbed of the property which my
father left me and of reparation for the wrongs which
I have suffered. For the laws do not permit a man
to give evidence for himself either in criminal suits
or in civil suits or in audits. Phormio, however, has
given evidence for himself, when these men say that
they have given this testimony on the strength of what
they heard from him. .
But that you may be fully convinced of this, (¢o 10

the clerk) please read the law itself.

Tue Law

The two parties to a suit shall be compelled to answer one
another’s questions, but they may not testify.

Now consider this law also which ordains that action
for false testimony may also be brought on this very
ground, namely, that one testifies contrary to law.

Tue Law

The witness shall also be liable to action for giving false
testimony on the mere ground that he gives evidence contrary
to law, and the one producing him shall also be liable in the
selfsame manner.

Furthermore, even from the tablet upon which the 11
. deposition is written one can tell that he has given
false evidence. For it is whitened, and was prepared
at home.” Yet it is only those who testify to facts
who should offer depositions prepared at home ; those
who testify to challenges, who stand forward on the
spur of the moment, should present their depositions

An off-hand answer to a challenge would have been written
on a waxed tablet.

251

13

[1133]

14

DEMOSTHENES

ev μάλθῃ γεγραμμένην τὴν μαρτυρίαν, ἵν᾽ εἴ τι
προσγράψαι ἢ ἀπαλεῖψαι ἐβουλήθη ῥάδιον ἦν.
Οὐκοῦν κατὰ μὲν ταῦτα πάντα ἐξελέγχεται τὰ
ψευδῆ μεμαρτυρηκὼς καὶ παρὰ τὸν νόμον" βού-
λομαι δ᾽ ὑμῖν καὶ αὐτὸ τοῦτο ἐπιδεῖξαι, ὡς οὔτε
διέθετο ὁ πατὴρ ἡμῶν διαθήκην. οὐδεμίαν, οὔθ᾽ οἱ
νόμοι ἐῶσιν. εἰ γάρ τις ἔροιτο ὑμᾶς, Kal? ὁποίους
νόμους δεῖ πολιτεύεσθαι ἡμᾶς, δῆλον ὅτι ἀποκρί-
ναισθ᾽ ἂν κατὰ τοὺς κειμένους. ἀλλὰ μὴν οἵ γε

/ > ΄ ce \ 4, > ~ > Ja)
νόμοι ἀπαγορεύουσι “᾿ μηδὲ νόμον ἐξεῖναι ἐπ
5 \ “-“ “ \ \ > \ x7? A >
ἀνδρὶ θεῖναι, ἂν μὴ τὸν αὐτὸν ἐφ᾽ ἅπασιν ᾿Αθη-

/ ~ ς al ΄-
vatous.’’ οὐκοῦν 6 μὲν νόμος οὑτοσὶ τοῖς αὐτοῖς

/ / « ~ / \ Ε] »,
νόμοις πολιτεύεσθαι ἡμᾶς κελεύει καὶ οὐκ ἄλλους
Μ « \ \ > / > \ /
ἄλλοις. ὁ δὲ πατὴρ ἐτελεύτησεν ἐπὶ Δυσνικήτου
ἄρχοντος, ὁ δὲ Φορμίων ᾿Αθηναῖος ἐγένετο ἐπὶ
Νικοφήμου. ἄρχοντος, δεκάτῳ ἔτει ὕστερον ἢ ὁ
πατὴρ ἡμῶν ἀπέθανεν. πῶς ἂν οὖν μὴ εἰδὼς ὁ
πατὴρ αὐτὸν ᾿Αθηναῖον ἐσόμενον, ἔδωκεν ἂν τὴν
ἑαυτοῦ γυναῖκα, καὶ προεπηλάκισε μὲν ἂν ἡμᾶς,
κατεφρόνησε δ᾽ ἂν τῆς δωρειᾶς ἧς παρ᾽ ὑμῶν
ἔλαβε, παρεῖδε δ᾽ ἂν τοὺς νόμους; πότερα δὲ

/ εν >’ ~ ~ ~ ~ ” 5 /
κάλλιον ἢν αὐτῷ ζῶντι πρᾶξαι ταῦτα, εἴπερ ἐβού-
λετο, ἢ ἀποθανόντα διαθήκας καταλιπεῖν, ἃς οὐ
κύριος ἦν; ἀλλὰ μὴν αὐτῶν τῶν νόμων ἀκούσαντες
γνώσεσθε, ὡς οὐ κύριος ἦν διαθέσθαι.

Λέγε τὸν νόμον.

ΝΟΜΟΣ

Ὅσοι μὴ ἐπεποίηντο, ὥστε μήτε ἀπειπεῖν μήτ᾽ ἐπι-
δικάσασθαι, ὅτε Σόλων εἰσήει τὴν ἀρχήν, τὰ ἑαυτοῦ

α That is, in 371-370 B.c.
> That is, in 361-360 B.c.

252

AGAINST STEPHANUS, II. 11-14

written in wax, in order that, if one wants to add or to
erase anything, it may be easier to do so.

In all these things, then, he is shown to have given
false testimony, and to have given it contrary to law ;
but I wish to prove this further fact, that our father
did not make a will, and could not legally make one.
For, if anyone should ask you in accordance with what
laws we should live as citizens, you would of course
answer, the established laws. But look you, the laws
ordain, “nor shall it be permitted to enact a law
applying to an individual, unless the same law applies
also to all the Athenians.” This law, then, ordains
that we should live as citizens under the same laws
and not one under one law, another under another.
But my father died during the archonship of
Dysnicetus,¢ and Phormio became an Athenian
citizen during the archonship of Nicophemus,? in the
tenth year after my father died. How, then, could
my father, not knowing that Phormio was to become
an Athenian citizen, have given him in marriage his
own wife, and thus have outraged us, shown his con-
tempt of the gift of citizenship which he had received
from you, and disregarded your laws? And which
was the more honourable course for him—to do this
during his lifetime, supposing he wished to do it, or
to leave behind him at his death a will which he had
no legal right to make? And verily, when you have
heard the laws themselves you will see clearly that
Pasio had no right to make a will.

(To the clerk.) Read the law.

Tue Law

Any citizen, with the exception of those who had been adopted
when Solon entered upon his office, and had thereby become

253

15

16

[1134]

17

DEMOSTHENES

διαθέσθαι εἶναι, ὅπως ἂν ἐθέλῃ, ἂν μὴ παῖδες ὦσι
γνήσιοι. ἄρρενες, ἂν μὴ μανιῶν ἢ γήρως ἢ φαρμάκων ἢ
νόσου ἕνεκα, ἢ γυναικὶ πειθόμενος, ὑπὸ τούτων του
παρανοῶν, ἢ ὑπ᾽ ἀνάγκης ἢ ὑπὸ δεσμοῦ καταληφθείς.

Τοῦ μὲν νόμου τοίνυν ἀκηκόατε, ὃς οὐκ ἐᾷ δια-
/ a > -
θήκας διαθέσθαι, ἐὰν παῖδες ὦσι γνήσιοι. οὗτοι
δέ φασι ταῦτα διαθέσθαι τὸν πατέρα, ὡς δὲ παρ-
/ > ” > ΄ Μ A \ /
ἐγένοντο οὐκ ἔχουσιν ἐπιδεῖξαι. ἄξιον δὲ Kal τόδε
> a >
ἐνθυμηθῆναι, ὅτι ὅσοι μὴ ἐπεποίηντο, ἀλλ᾽ ἦσαν
πεφυκότες γνήσιοι, τούτοις ὁ νόμος δίδωσιν, ἐὰν
ἄπαιδες ὦσι, διαθέσθαι τὰ ἑαυτῶν. ὁ τοίνυν
A ~ ~
πατὴρ ἡμῶν ἐπεποίητο ὑπὸ τοῦ δήμου πολίτης,
σ > \ ss ~ 55 σ > ~ /
ὥστε οὐδὲ κατὰ τοῦτο ἐξῆν αὐτῷ διαθέσθαι δια-
θήκην, ἄλλως τε καὶ περὶ τῆς γυναικός, ἧς οὐδὲ
κύριος ἐκ τῶν νόμων ἦν, παῖδές τε ἦσαν αὐτῷ.
/ A \ / 299? a” y+ S "A /
σκέψασθε δὲ καὶ διότι οὐδ᾽ ἂν ἄπαις τις 7, κύριός
> = > = Ξ
ἐστι τὰ αὑτοῦ διαθέσθαι, ἐὰν μὴ εὖ φρονῇ" νοσοῦντα
δὲ ἢ φαρμακῶντα ἢ γυναικὶ πειθόμενον ἢ ὑπὸ
γήρως ἢ ὑπὸ μανιῶν ἢ ὑπὸ ἀνάγκης τινὸς κατα-
ληφθέντα ἄκυρον κελεύουσιν εἶναι ot νόμοι. σκο-
πεῖτε δή, εἰ δοκοῦσιν ὑμῖν εὖ φρονοῦντος ἀνδρὸς
> ¢€ ~ ΄“ / oy \
εἶναι at διαθῆκαι, as φασι διαθέσθαι οὗτοι τὸν
/ Ἁ \ ΝΜ / 7 /
πατέρα. μὴ πρὸς ἄλλο δέ τι παράδειγμα σκέψησθε
ἢ πρὸς τὴν μίσθωσιν, εἰ δοκεῖ ὑμῖν ἀκόλουθον εἶναι
τῷ τὴν τέχνην μὴ ἐξουσίαν δοῦναι εἰ μὴ ἐν τῷ

α The precise meaning of this phrase is disputed. See the
authorities cited in the next note.

ὃ On this law consult Hermann-Thalheim, Rechtsalter-
thiimer, pp. 68 ff., with the authorities there cited. It is
quoted, in part, also in Oration XLIV § 68, and is frequently
referred to by Isaeus. See Wyse’s note on Isaeus IT § 13, and

254

AGAINST STEPHANUS, II. 14-17

unable either to renounce or to claim an inheritance,? shall
have the right to dispose of his own property by will as he
shall see fit, if he have no male children lawfully born, unless
his mind be impaired by one of these things, lunacy or old
age or drugs or disease, or unless he be under the influence
of a woman, or under constraint or deprived of his liberty.”

You have heard the law, then, which does not
permit a man to dispose of his property by will, if
he have male children lawfully born. But these men
declare that my father made this will, yet they cannot
prove that they were present at the time. Another
thing also deserves to be borne in mind, that it is to
those who had not been adopted, but were lawfully
born, that the law gives the right, in case of their being
childless, to dispose of their property by will. Now my
father had been adopted as a citizen by the people, so
that on this account also he had not the right to make a
will, especially in regard to his wife, of whom he was
not even the legal guardian; and besides he had
children. Note further, that even if a man be child-
less, he has not the right to dispose of his property by
will, unless he be of sound mind; but if he be im-
paired by disease or the effect of drugs, or be under
the influence of a woman, or be the victim of old age
or madness, or be under constraint, the laws ordain
that he be incompetent. Now consider whether the
will, which these men say my father made, seems to
you to be the will of a man of sound mind. Taking
the lease, and nothing else, as an example, tell me
whether it seems to you consistent that my father
should refuse Phormio permission to carry on his
business except in association with us, and yet that

Savage, The Athenian Family, p. 119. Observe that, while
the law has to do with those adopted into the family, our
pleader makes it refer to those adopted as citizens.

255

—

—

7

DEMOSTHENES

αὐτῷ ἡμῖν ἐργάζεσθαι, τούτῳ τὴν γυναῖκα δοῦναι
τὴν αὑτοῦ καὶ τῶν παίδων ἐᾶσαι κοινωνὸν αὑτῷ
γενέσθαι. καὶ μὴ θαυμάζετε, εἰ τάλλα σκευωρου-
μένους αὐτοὺς τὰ ἐν τῇ μισθώσει τοῦτο παρέλαθεν.
ἴσως μὲν γὰρ οὐδὲ προσεῖχον ἄλλῳ οὐδενί, ἢ τῷ
τὰ χρήματα ἀποστερῆσαι καὶ τῷ προσοφείλοντα
τὸν πατέρα ἐγγράψαι: εἶτα οὐδὲ ἐδόκουν ἐμὲ οὕτω
δεινὸν ἔσεσθαι, ὥστε ταῦτα ἀκριβῶς ἐξετάσαι.

1. Σκέψασθε τοίνυν καὶ τοὺς νόμους, παρ᾽ ὧν
κελεύουσι τὰς ἐγγύας ποιεῖσθαι, ἵν᾿ εἰδῆτε καὶ ἐκ
τούτων ὡς κατεσκευασμένης διαθήκης ψευδὴς
μάρτυς γέγονε Στέφανος οὑτοσί.

ΝΟΜΟΣ

Ἣν ἂν ἐγγυήσῃ ἐπὶ δικαίοις δάμαρτα εἶναι ἢ “πατὴρ
ἢ ἀδελφὸς ὁμοπάτωρ ἢ πάππος ὁ πρὸς πατρός, ἐκ ταύ-
τῆς εἶναι παῖδας γνησίους. ἐὰν δὲ μηδεὶς ἧ. τούτων,
ἐὰν μὲν ἐπίκληρός τις ἢ) τὸν κύριον ἔχειν, ἐὰν δὲ μὴ
ἢ, ὅτῳ ἂν ἐπιτρέψῃ, τοῦτον κύριον εἶναι.

vey \ / ¢ / “A > / /
19 Οὗτος μὲν τοίνυν ὁ νόμος οὗς ἐποίησε κυρίους
εἶναι, ἀκηκόατε: ὅτι δ᾽ οὐδεὶς ἦν τούτων τῇ μητρί,
οἱ ἀντίδικοί μοι αὐτοὶ μεμαρτυρήκασιν. εἰ γὰρ
ἦν, παρείχοντ᾽ av. ἢ μάρτυρας μὲν ψευδεῖς
» > “ / \ / > ”
οἴεσθ᾽ av παρασχέσθαι καὶ διαθήκας οὐκ οὔσας,
5 \ \ “ 7 an“ / > a” ” Ss
ἀδελφὸν δὲ ἢ πάππον ἢ πατέρα οὐκ ἄν, εἴπερ ἦν
δυνατὸν ἕνεκα χρημάτων; ὁπότε τοίνυν μηδεὶς
φαίνεται ζῶν τούτων, τότε ἀνάγκη ἐπίκληρον τὴν
[1135] μητέρα ἡμῶν εἶναι. τῆς τοίνυν ἐπικλήρου σκοπεῖτε
τίνας κελεύουσιν οἵ νόμοι κυρίους εἶναι.
20 Λέγε τὸν νόμον.
256

AGAINST STEPHANUS, II. 17-20

he should give him his wife in marriage, and thus
make him a partner in his own fatherhood? And
do not be surprised that, while they were arranging
all else in regard to the lease so cleverly, they over-
looked this. For perhaps they paid no heed to any-
_ thing else, save to rob me of my money and to set
my father down as a debtor to the bank; and then
they did not suppose that I should be clever enough
to look into these matters closely.

Now, then, consider the laws, and see from whom
they ordain that betrothals should be made, that you
may come to know from them also, that this fellow
Stephanus has proved himself to be a false witness to
a forged will.

THe Law

If a woman be betrothed for lawful marriage by her father
or by a brother begotten of the same father or by her grand-
father on her father’s side, her children shall be legitimate.
In case there be none of these relatives, if the woman be an
heiress, her guardian shall take her to wife, and if she be not,
re man shall be her guardian to whom she may entrust

erself.

You have heard what persons this law has appointed
to be guardians ; and that my mother had none of
these my opponents have themselves borne witness.
For if there had been such, they would have produced
them. Or do you suppose they would have produced
false witnesses and a non-existent will, but would not
have produced a brother or a grandfather or a father,
if they could have done it for money ? Since, then, it
is plain that no one of these was living, it follows
necessarily that my mother was an heiress. Now see
whom the law ordains to be guardians of an heiress.

(To the clerk.) Read the law.

VOL. II 5 Bol

19

20

21

22

DEMOSTHENES

NOMOZ

Kai ἐὰν ἐξ ἐπικλήρου τις γένηται, καὶ ἅμα ἡβήσῃ
ἐπὶ δίετες, κρατεῖν τῶν χρημάτων, τὸν δὲ σῖτον μετρεῖν

τῇ μητρί.

> ~ ec; \ / ΄ὔ \ a ¢€ /,

Οὐκοῦν 6 μὲν νόμος κελεύει τοὺς παῖδας ἡβήσαν-
τας κυρίους τῆς μητρὸς εἶναι, τὸν δὲ σῦτον μετρεῖν
τῇ μητρί. ἐγὼ δὲ φαίνομαι στρατευόμενος καὶ
τριηραρχῶν ὑμῖν, ὅτε οὗτος συνῴκησε τῇ μητρί.
ἀλλὰ μὴν ὅτι ἐγὼ μὲν ἀπεδήμουν τριηραρχῶν,
ἐτετελευτήκει δ᾽ ὁ πατὴρ πάλαι, ὅτε οὗτος ἔγημε,

\ \ / > \ > / \ > / |
Tas δὲ θεραπαίνας αὐτὸν ἐξήτουν καὶ ἠξίουν περὶ

> ~ ΄ / > / > a > > ~
αὐτοῦ τούτου βασανίζεσθαι αὐτάς, εἰ ταῦτ᾽ ἀληθῆ
ἐστι, καὶ ὡς προὐκαλούμην, λαβέ μοι τὴν μαρ-
τυρίαν.

MAPTYPIA

Μαρτυροῦσι παρεῖναι, ὅτε προὐκαλεῖτο ᾿Απολλόδωρος
Φορμίωνα, ὅτε ἠξίου παραδοῦναι ᾿Απολλόδωρος Φορμίωνα
τὰς θεραπαίνας εἰς βάσανον, εἰ "μή φησι Φορμίων καὶ
πρότερον διεφθαρκέναι τὴν μητέρα τὴν ἐμήν, “πρὶν οὗ
ἀποφαίνει Φορμίων γῆμαι ἐγγυησάμενος αὐτὴν παρὰ

Πασίωνος. ταῦτα δὲ προκαλουμένου ᾿Απολλοδώρου οὐκ
ἠθέλησε Φορμίων παραδοῦναι τὰς θεραπαίνας.

Τὸν τοίνυν νόμον ἐπὶ τούτοις ἀνάγνωθι, ὃς κε-
λεύει ἐπιδικασίαν εἶναι τῶν ἐπικλήρων ἁπασῶν, καὶ
ξένων καὶ ἀστῶν, καὶ περὶ μὲν τῶν πολιτῶν τὸν
ἄρχοντα εἰσάγειν καὶ ἐπιμελεῖσθαι, περὶ δὲ τῶν

« That is at the age of eighteen years (see note ὁ on p. 9 of
vol. i.).

258

AGAINST STEPHANUS, II. 20-22

Tue Law

If one be born the son of an heiress, two years after he has
reached the age of manhood? he shall assume control of the
estate, and he shall make due provision for his mother’s
maintenance.

The law, then, appoints that sons who have reached
the age of manhood shall be guardians of their mother
and shall make due provision for their mother’s main-
tenance. But it is clear that I was on a military
expedition and in command of a trireme in your
service,? when this man married my mother. Nay
more, to prove that I was absent in command of a
trireme, and that my father had been dead for some
time, when the fellow married, I demanded of him
the female slaves, and claimed the right of having
them put to the torture to establish this very point,
whether what I am saying is true—to prove all this,
and that I tendered him a challenge, (to the clerk)
please take the deposition.

Tue Deposition

The deponents testify that they were present when Apollo-
dorus challenged Phormio, namely, when Apollodorus
demanded that Phormio give up the female slaves for the
torture, if Phormo denied that he had seduced my mother
before the time when Phormio declares that he married her,
after she had been betrothed to him by Pasio. And when
Apollodorus tendered this challenge, Phormio refused to
surrender the female slaves.

Now in addition to this read the law which appoints
that there shall be an adjudication of all heiresses,
whether alien or citizen, and that in the case of those
who are citizens the archon shall have jurisdiction and
shall take charge of the matter, and in the case of

> Hence he had obviously come to manhood.
259

bo
bho

DEMOSTHENES

μετοίκων τὸν πολέμαρχον, Kal ἀνεπίδικον μὴ
ἐξεῖναι ἔχειν μήτε κλῆρον μήτε ἐπίκληρον.

[1156] ΝΟΜΟΣ
Κληροῦν δὲ τὸν ἄρχοντα κλήρων καὶ ἐπικλήρων,
ὅσοι εἰσὶ μῆνες, πλὴν τοῦ Σκιροφοριῶνος. ἀνεπίδικον

δὲ κλῆρον μὴ ἔχειν.

28 Οὐκοῦν αὐτόν, εἴπερ ἠβούλετο ὀρθῶς διαπράττε-
σθαι, λαχεῖν ἔδει τῆς ἐπικλήρου, εἴτε κατὰ δόσιν
αὐτῷ προσῆκεν εἴτε κατὰ γένος, εἰ μὲν ὡς ὑπὲρ
ἀστῆς, πρὸς τὸν ἄρχοντα, εἰ δ᾽ ὡς ὑπὲρ ἕένης,
πρὸς τὸν πολέμαρχον, καὶ τότε, εἴπερ τι λέγειν
εἶχε δίκαιον, πείσαντα ὑμῶν τοὺς λαχόντας μετὰ
τῶν νόμων καὶ τῆς ψήφου κύριον εἶναι, καὶ μὴ
αὐτὸν αὑτῷ νόμους ἰδίους θέμενον διαπράξασθαι
ἃ ἐβούλετο.

24 Σκέψασθε δὴ καὶ τονδὶ τὸν νόμον, ὃς κελεύει τὴν
διαθήκην, ἣν ἂν παίδων ὄντων γνησίων ὁ πατὴρ
διαθῆται, ἐὰν ἀποθάνωσιν οἱ παῖδες πρὶν ἡβῆσαι,
κυρίαν εἶναι.

ΝΟΜΟΣ
Ὅ τι ἄν γνησίων ὄντων υἱέων ὁ πατὴρ διαθῆται,
ἐὰν ἀποθάνωσιν οἱ υἱεῖς πρὶν ἐπὶ δίετες ἡβᾶν, τὴν τοῦ
πατρὸς διαθήκην κυρίαν εἶναι.

> ~ «ς ~ ΝΜ \ « /
25 Οὐκοῦν ὁπότε ζῶσιν, ἄκυρος μὲν ἡ διαθήκη
ἐστίν, ἣν φασιν οὗτοι τὸν πατέρα καταλιπεῖν, παρὰ
πάντας δὲ τοὺς νόμους μεμαρτύρηκε Στέφανος

« A \ ~ ¢ > , / 3 “-“- /
οὑτοσὶ τὰ ψευδῆ, ὡς avtiypada ἐστι THs διαθήκης

« The month Scirophorion corresponds to the latter half of
June and the prior half of July. ‘‘ This month may have

260

AGAINST STEPHANUS, II. 22-25

those who are resident aliens, the polemarch ; and it
shall not be lawful for anyone to obtain an inheritance
or an heiress without legal adjudication.

Tur Law

The archon shall assign by lot days for the trial of claims
to inheritances or heiresses in every month except Sciro-
phorion ὁ; and no one shall obtain an inheritance without
adjudication.

Well then, if he had wished to proceed regularly, he :

ought to have entered his claim for the heiress,
whether the claim was based upon a gift or upon
nearness of kin, before the archon, if he claimed her
as a citizen, and before the polemarch, if as an alien ;
and then, if he had any just claim to advance, it was
his duty to convince those of you who were drawn on
the jury, and so obtain the woman by their verdict
and in a manner sanctioned by your laws, instead of
having made laws valid for himself alone, and in that
way having accomplished what he desired.

Note, too, the following law, that a will shall be
valid which a father makes, even though he has sons
lawfully born, provided the sons die before they reach
the age of manhood.

THe Law

Whatsoever will a father shall make, while he has lawfully
born sons, if the sons die within two years after having reached
the age of manhood, that father’s will shall be valid.

Well then, seeing that the sons are alive, the will :

which these men say my father left is invalid, and this
man Stephanus has borne false witness in defiance of all
the laws, in declaring that the document is a copy of

been excepted, since it was the last month of the Attic year,
and in it the magistrates vacated office and passed their
audit’ (Sandys).

261

bo

bo

bo
o

DEMOSTHENES

τῆς Πασίωνος: πῶς yap σὺ οἶσθα, καὶ ποῦ παρα-
γενόμενος διατιθεμένῳ τῷ πατρί; κακοτεχνῶν
δὲ φαίνει περὶ τὰς δίκας, τὰ ψευδῆ μὲν αὐτὸς
μαρτυρῶν ἑτοίμως, κλέπτων δὲ τὰς ἀληθεῖς μαρ-
τυρίας, ἐξαπατῶν δὲ τοὺς δικαστάς, συνιστάμενος
δ᾽ ἐπὶ ταῖς δίκαις. οἱ δὲ νόμοι καὶ περὶ τῶν
τοιούτων γραφὴν πεποιήκασιν.

28 Kai μοι ἀνάγνωθι τὸν νόμον.

[1137] NOMOS

"Kav τις συνιστῆται, ἢ συνδεκάζῃ τὴν ἡλιαίαν ἢ τῶν
δικαστηρίων τι τῶν ᾿Αθήνησιν ἢ ἢ τὴν βουλὴν ἐ ἐπὶ δωρο-
δοκίᾳ χρήματα διδοὺς ἢ ἢ δεχόμενος, ἢ ἑταιρείαν συνιστῇ
ἐπὶ καταλύσει τοῦ δήμου, ἢ συνήγορος ὧν λαμβάνῃ
χρήματα ἐπὶ ταῖς δίκαις ταῖς ἰδίαις ἢ δημοσίαις, τούτων
εἶναι τὰς γραφὰς πρὸς τοὺς θεσμοθέτας.

27 Ἡδέως ἃ ἂν τοίνυν ὑμᾶς ἐροίμην ἐπὶ τούτοις ἅπασι,
κατὰ ποίους νόμους ὀμωμοκότες δικάζετε, πότερα
κατὰ τοὺς τῆς πόλεως ἢ καθ᾽ οὗς Φορμίων. αὑτῷ
νομοθετεῖ. ἐγὼ μὲν τοίνυν τούτους παρέχομαι
ὑμῖν, καὶ ἐξελέγχω αὐτοὺς ἀμφοτέρους παρα-
βεβηκότας, Φορμίωνα μὲν ἐξ ἀρχῆς ἀδικήσαντα
ἡμᾶς καὶ ἀποστερήσαντα τὰ χρήματα, ἃ ὁ πατὴρ
ἡμῖν κατέλιπε καὶ ἐμίσθωσε τούτῳ μετὰ τῆς
τραπέζης καὶ τοῦ ἐργαστηρίου, Στέφανον δὲ του-
τονὶ τὰ ψευδῆ μεμαρτυρηκότα καὶ παρὰ τὸν
νόμον.

28 ᾿Αἔξιον τοίνυν, ὦ advdpes δικασταί, καὶ τόδε
ἐνθυμηθῆναι, ὅτι διαθήκης οὐδεὶς πώποτε ἀντί-
γραφα ἐποιήσατο, ἀλλὰ συγγραφῶν μέν, ἵνα

@ See Oration XXXVI 8 4.
262

AGAINST STEPHANUS, II. 25-28

Pasio’s will. (To Stephanus.) Why, how do you know
that it is? Where were you ever present when my
father made it? You are shown to have been guilty of
trickery in the suit, to have given false witness your-
self without scruple, to have stolen depositions which
᾿ supported the truth, to have misled the jury, and to
have entered into a conspiracy to defeat justice.
But the laws have provided criminal suits for actions
such as these.
(To the clerk.) Read the law, please. 26

THe Law

If any man enter into a conspiracy, or join in seeking to
bribe the Heliaea or any of the courts in Athens, or the
Senate, by giving or receiving money for corrupt ends, or
shall organize a clique for the overthrow of the democracy,
or, while serving as public advocate, shall accept money in
any suit, private or public, criminal suits shall be entered for
these acts before the Thesmothetae.

So, in the light of all these things, I should like to :
ask you in accordance with what laws you have sworn
to give judgement: whether according to the laws of
the state, or according to the laws which Phormio
enacts for himself. I bring before you, then, these
laws, and I prove that both these men have trans-
gressed them, Phormio by having at the outset
wronged me and robbed me of the money which
my father left me, and which that father leased to
Phormio together with the bank and the manu-
factory*; Stephanus here, by having given false
testimony, and given it in defiance of the law.

Another thing also, men of the jury, deserves to 28
be borne in mind, that no one ever makes a copy of
a will; they make copies of contracts, that they

263

bo
-1

DEMOSTHENES

εἰδῶσι καὶ μὴ παραβαίνωσι, διαθηκῶν δὲ ov.
τούτου γὰρ ἕνεκα καταλείπουσιν οἱ διατιθέμενοι,
ἵνα μηδεὶς εἰδῇ ἃ διατίθενται. πῶς οὖν ὑμεῖς ἴστε
ὅτι ἀντίγραφά ἐστι τῶν διαθηκῶν τῶν Ἰασίωνος
τὰ ἐν τῷ γραμματείῳ γεγραμμένα;

Δέομαι οὖν ὑμῶν ἁπάντων, ὦ ἄνδρες δικασταΐ,
καὶ ὑκετεύω βοηθῆσαι μὲν ἐμοί, τιμωρήσασθαι
δὲ τοὺς ἑτοίμως οὕτως τὰ ψευδῆ μαρτυροῦντας,
ὑπέρ τε ὑμῶν αὐτῶν καὶ ἐμοῦ καὶ τοῦ δικαίου καὶ
τῶν νόμων.

9264.

AGAINST STEPHANUS, II. 28

may know the terms and not violate them; but not
of wills. For this is the very reason why the testators
leave a will—that no man may know how they are
disposing of their property. How, then, do you
people know that what is written in the document
is a copy of Pasio’s will ?

I beseech and implore you all, men of the jury, to
come to my aid and to punish those who thus without
scruple have given false testimony, for your own sakes,
for mine, for the sake of justice and the laws.

emma

᾿ ;
ea ὙΦ AY Py ess
ἵ
Ἶ . : jm aA ‘le
3 ΕΓ ] Φ te ὲ
᾿ μ
π
Ν᾿
ἣν
ΤᾺ
yas
a
q
t
®
.
bint

AGAINST EVERGUS AND
MNESIBULUS

~

Ovi δ θοῶς Poe
ΕΟ

INTRODUCTION

Tuts speech, like those against Stephanus, prefers
against the defendants a charge of having borne false
testimony and having by this means secured the con-
viction of the plaintiff, in this case on a charge of
assault and battery.

The facts leading up to the trial were, according to
the plaintiff's statement, the following: A certain
Theophemus, who had served as trierarch, had failed
to return the ship’s equipment which he had received
from the public stores, and the plaintiff, having him-
self been designated trierarch and overseer of the
symmory (the tax-group, here equivalent to the navy-
board), made demand upon him to return this equip-
ment or else to pay its value. To this demand
Theophemus paid no heed, nor, when the plaintiff had
received an order of the court, did he show any more
willingness to return either the equipment or its value.
After this the plaintiff reported his failure to the
despatching board of the senate, and a decree was
passed instructing him and others in like case to

2 This was the Athenian method: a new trierarch received
the equipment for his ship either from his predecessor or
from the public stores. In either case both ship and equip-
ment were charged against him. After his year of service
the ship and equipment were turned in, or handed over to
his successor, but he was himself responsible for any shortage
or damage.

269

DEMOSTHENES

recover what was due in whatever way they might
be able. Armed with this order the plaintiff again
approached Theophemus, but again failed to recover
what was due, and in endeavouring to take some
property as security for the amount he was, as he
states, assaulted by the defendant, and in self-defence
returned blow for blow. After this experience he
impeached Theophemus before the senate for having
assaulted him in the performance of a public duty.
The senate was apparently prepared to impose a
heavy penalty, but the matter was finally com-
promised, the plaintiff agreeing to the imposition of
the very moderate fine of twenty-five drachmae, and
receiving from the friends of the defendant assurance
that the question of the assault should be referred to
any arbitrator whom the plaintiff might name.

At this juncture the plaintiff went to sea with the
fleet, and matters remained in abeyance until he
should return. Then, as Theophemus refused him
satisfaction, he brought suit against him. The
defendant on his part brought a cross action, but,
when the arbitrator was about to hear the cases,
Theophemus put in a special plea and an affidavit
by which he secured a postponement of the suit
against himself, while the suit he had brought against
the plaintiff came to trial at once. In this suit,
largely through the allegedly false testimony of
Evergus and Mnesibulus, he won a verdict against the
plaintiff in the amount of eleven hundred drachmae.
The plaintiff had also to pay the ἐπωβολία (see the
note on p. 50 of vol. i.), amounting to eighty-three
drachmae two obols, and court charges of thirty
drachmae. The plaintiff then at once brought suit
against the two witnesses, charging that they had

270

AGAINST EVERGUS

falsely testified that he had refused to admit to the
torture a female slave who had seen the affray and
whom Theophemus had tendered as a witness to
prove that the plaintiff had dealt the first blow.

We are told that the plaintiff was unable to pay
Theophemus the damages on the day appointed (he
had again been called upon to serve as trierarch) and
that he therefore asked for an extension of time.
This Theophemus craftily granted (in order that the
plaintiff might appear to be in default), and when
subsequently payment was tendered him, he found
some excuse to put the matter off, but went that same
day to the plaintiff’s farm and seized property far in
excess of the amount due. The next day he was paid
in full, but even then he refused to return the goods
he had seized, unless the plaintiff would agree to
withdraw his charges both against himself and against
his witnesses. More than that, even after payment
had been made, Evergus went again to the farm and
seized additional goods. The plaintiff charges that
on both occasions the seizure was carried out with
brutal violence. In particular, he charges that an
old nurse of his, who had endeavoured to hide in her
robe a goblet of some value to prevent its being carried
off, was so roughly handled that she died six days later.

The speech, despite its interest, is feebly composed
and is full of repetitions, and critics are virtually
unanimous in rejecting the view that it was composed
by Demosthenes.

Reference may be made to Schaefer, iii.? pp. 193 ff.,
and to Blass, iii. pp. 543 ff.

XLVII

KATA ΕΥ̓ΕΡΓΟΥ KAI MNHZIBOYAOY
VYEYAOMAPTYPION

~ ~ ε / ” > Μ
Καλῶς μοι δοκοῦσιν οἱ νόμοι ἔχειν, ὦ ἄνδρες
δικασταί, οἱ ὑπόλοιπον ἀγῶνα ἀποδόντες ταῖς
δίκαις τὸν τῶν ψευδομαρτυριῶν, ἵν᾽ εἴ τις μάρ-
τυρας τὰ ψευδῆ μαρτυροῦντας παρασχόμενος ἢ
προκλήσεις μὴ γενομένας ἢ μαρτυρίας παρὰ τὸν
νόμον μαρτυρηθείσας ἐξηπάτησε τοὺς δικαστάς,

\ b) ~ / ie > > > /
μηδὲν αὐτῷ πλέον γένηται, ἀλλ᾽ ἐπισκηψάμενος
“ / ¢ > \ \ 9 \ > e ~
ταῖς μαρτυρίαις ὁ ἀδικηθεὶς καὶ εἰσελθὼν εἰς ὑμᾶς
καὶ ἐπιδείξας περὶ τοῦ πράγματος τοὺς μάρτυρας
τὰ ψευδῆ μεμαρτυρηκότας, παρά τε τούτων δίκην
/ \ \ / « / ” ~
λάβῃ καὶ τὸν προβαλόμενον ὑπόδικον ἔχῃ τῶν

τῷ

κακοτεχνιῶν. καὶ διὰ τοῦτο τῷ μὲν διώκοντι
> ἊΝ > a \ > / 2A « ~ ΄“ A
ἐλάττω ἐποίησαν Ta ἐπιτίμια, ἐὰν ἡττηθῆ, ἵνα μὴ
διὰ τὸ πλῆθος ἀποτρέπωνται διώκειν τοὺς μάρ-
τυρας τῶν ψευδομαρτυριῶν οἱ ἀδικούμενοι, τῷ. δὲ
/ / > / / baa} «ς ~
φεύγοντι μεγάλας ἐπέθηκαν τιμωρίας, ἐὰν ἁλῷ
\ / « ~ \ ~ / /
3 καὶ δόξῃ ὑμῖν τὰ ψευδῆ μεμαρτυρηκέναι. δικαίως,
272

XLVII

AN UNKNOWN PLEADER AGAINST
EVERGUS AND MNESIBULUS,
CHARGED WITH GIVING FALSE
TESTIMONY

Ir is in my opinion, men of the jury, an admirable
provision of the laws that they allow another chance
after a trial by means of proceedings for false testi-
mony, in order that, if anyone by bringing forward
witnesses testifying to what is false or by citing
challenges which were never tendered or depositions
made contrary to law, has deceived the jury, he
may gain nothing by it, but the one who has been
wronged may impeach the testimony, and come
into your court and show that the witnesses have
given false testimony regarding the matter at issue,
and thus exact the penalty from them and hold the
one who brought them forward liable to an action
for subornation of perjury. And for this reason
they have made the fine less for the plaintiff, if
he lose his case, in order that those who have been
wronged may not by the fine be deterred from prose-
cuting witnesses for false testimony, while they have
imposed a heavy penalty upon the defendant, if he
be convicted and be thought by you to have given
false testimony. And justly so, men of the jury.

VOL. II T ah

2

DEMOSTHENES

> Ua ,ὔ -
ὦ avdpes δικασταί. ὑμεῖς γὰρ εἰς τοὺς μάρτυρας
, A a
βλέψαντες, καὶ πιστεύσαντες ois ἂν οὗτοι μαρτυρή-
, “ > Bia Qo Gr > -
σωσι, ψηφίζεσθε: ἵνα οὖν μήθ᾽ ὑμεῖς ἐξαπατᾶσθε
μήθ᾽ οἱ εἰσιόντες εἰς ὑμᾶς ἀδικῶνται, διὰ ταῦτ᾽
[1140] αὐτοὺς ὑποδίκους ἐποίησεν ὁ νομοθέτης. δέομαι
» ~ Α
δ᾽ ὑμῶν Kaya μετ᾽ εὐνοίας μου ἀκροάσασθαι περὶ
τοῦ πράγματος ἐξ ἀρχῆς ἅπαντα, ἵν᾽ ἐκ τούτων
> ~ ae > , 4 > > / A > /
εἰδῆτε ὅσ᾽ ἐγώ τ᾽ ἠδικήθην καὶ ἐξηπατήθησαν
ε - ~
οἱ δικασταὶ Kal οὗτοι Ta ψευδῆ ἐμαρτύρησαν.
, \ yan > , ΤΣ 7,
4 Μάλιστα μὲν οὖν ἂν ἠβουλόμην μὴ ἔχειν πράγ-
ματα: εἰ δ᾽ οὖν ἀναγκάζοι τις, πρὸς τοιούτους
ἡδύ ἐστιν εἰσιέναι, οἱ μὴ ἀγνῶτές εἰσιν ὑμῖν. νῦν
δὲ πλείων μοι λόγος ἔσται ἐξελέγχοντι τὸν τρόπον
αὐτῶν, ἢ τὴν μαρτυρίαν ψευδῆ οὖσαν. περὶ μὲν
γὰρ τῆς μαρτυρίας, ὅτι ψευδῆ μεμαρτυρήκασιν,
αὐτοί μοι δοκοῦσιν ἔργῳ ἐξελέγχειν αὑτούς, καὶ
οὐκ ἄλλους pe δεῖ μάρτυρας παρασχέσθαι ἢ
5 αὐτοὺς τούτους: ἐξὸν γὰρ αὐτοῖς ἀπηλλάχθαι
πραγμάτων καὶ μὴ κινδυνεύειν εἰσιόντας εἰς ὑμᾶς,
ἔργῳ βεβαιώσαντας ὡς ἀληθής ἐστιν ἡ μαρτυρία,
οὐκ ἠθελήκασι παραδοῦναι τὴν ἀνθρωπον, ἣν
μεμαρτυρήκασι προκαλέσασθαι πρὸς τῷ διαιτητῇ
, > ~ / “ >
ΠΠυθοδώρῳ ἐκ Κηδῶν παραδιδόναι ἕτοιμον εἶναι
/, : > / > > A / e «
Θεόφημον, ἠξίουν δ᾽ ἐγὼ παραλαμβάνειν, ὡς ot
μάρτυρες ὑμῖν οἱ τότε παραγενόμενοι ἐμαρτύρη-
σαν ἐν τῷ δικαστηρίῳ, καὶ νυνὶ δὲ μαρτυρήσουσι.
καὶ Θεόφημος αὐτοῖς ὡς ἀληθῆ μεμαρτυρηκόσιν
οὐκ ἐπεσκήψατο, οὐδ᾽ ἐπεξέρχεται τῶν ψευδο-
μαρτυριῶν.

@ Cedae was a deme of the tribe Erectheis.
Q74

AGAINST EVERGUS, 3-5

For you look to the witnesses and give your verdict
as you do, because you have believed the testimony
which they have given. It is, therefore, to prevent
you from being deceived and those who come into
your court from being wronged that the lawgiver
-made the witnesses responsible. I, therefore, beg
of you hear me with goodwill, while I rehearse all
the facts from the beginning, in order that from
these you may see the magnitude of the wrongs I
have suffered, and know that the jurymen were
deceived and that these men have given testimony
which is false.

I should have much preferred not to go to law, 4
but, if forced to do so, it is a satisfaction to appear
against men who are not unknown to you. However,
I shall devote a larger part of my speech to exposing
the character of these men than to proving that their
testimony is false. As to my charge that the testimony
to which they have deposed is false, they seem to me
to have given proof by their own actions, and there
is no need for me to produce any other witnesses than
themselves. For when they might have got rid of 5
all trouble, and have avoided the risk which they run
in coming into your court, by establishing in fact the
truth of their testimony, they have refused to deliver
up the woman, whom they have testified that
Theophemus was ready to deliver up, and had offered
to deliver up before the arbitrator, Pythodorus of
Cedae,* but whose surrender I, in fact, demanded,
as the witnesses who were then present in court
testified, and will now testify. And Theophemus has
not impeached them for giving testimony that was
not true, nor does he proceed against them for false
witness.

275

6

[1141]

DEMOSTHENES

Σχεδὸν μὲν οὖν τι Kal αὐτοί μοι ὁμολογοῦσιν
> ~
ev τῇ μαρτυρίᾳ ἐθέλειν με παραλαμβάνειν τὴν
ἄνθρωπον, Θεόφημον δὲ ἀναβάλλεσθαι κελεύειν, ἐμὲ
δὲ > 24 “λ a δ᾽ > \ \ > /

ἐ οὐκ ἐθέλειν. ἣν ἐγὼ μὲν ἠξίωσα παρα-
“-“ / Α ᾿ / ~
λαβεῖν, Θεόφημος δὲ προὐκαλέσατο παραδοῦναι,
ὡς οὗτοί φασι, τὸ δὲ σῶμα οὐδεὶς εἶδε παρόν,
οὔτε τότε πρὸς τῷ διαιτητῇ οὔτε ὕστερον πρὸς
~ ,ὔ ee) ΝΜ > ~ /
τῷ δικαστηρίῳ οὔτ᾽ ἄλλοθι οὐδαμοῦ παραδιδόμε-
νον, ἐμαρτύρησαν δὲ οἱ μάρτυρες οὗτοι ὡς ἐθέλοι
παραδοῦναι Θεόφημος καὶ πρόκλησιν προκαλοῖτο,
Dif, \ ΞΕ \ > ~ “5 \ /
ὠήθησαν δὲ οἱ δικασταὶ ἀληθῆ εἶναι τὴν μαρτυρίαν,
φεύγειν δ᾽ ἐμὲ τὸν ἔλεγχον τὸν ἐκ τῆς ἀνθρώπου
περὶ τῆς αἰκείας, ὁπότερος ἡμῶν ἦρξε χειρῶν
ἀδίκων: (τοῦτο γάρ ἐστιν ἡ αἴκεια). πῶς οὐκ
ἀναγκαῖόν ἐστι τούτους τοὺς μάρτυρας τὰ ψευδῆ
μεμαρτυρηκέναι; οἵ γε οὐδὲ νῦν πω τολμῶσι τὸ
σῶμα τῆς ἀνθρώπου παραδοῦναι, καθὰ ἔφασαν
προκαλέσασθαι τὸν Θεόφημον καὶ ἐμαρτύρησαν
αὐτῷ, καὶ τὴν μὲν μαρτυρίαν ἔργῳ βεβαιῶσαι

¢ > / > \ i / > /
ws ἀληθής ἐστι, καὶ τοὺς μάρτυρας ἀπηλλάχθαι
τοῦ ἀγῶνος, παραδόντος τὸ σῶμα τῆς ἀνθρώπου,
\ > A \ ~ > / /
τὴν δ᾽ ἄνθρωπον περὶ τῆς αἰκείας βασανίζεσθαι,
5.15. ἥξ' SON , , \ , ? \
ep Hh ἐγὼ διώκω δίκῃ τὸν Θεόφημον, ἐπειδὴ
, > , \ \ ” > τ ε ,
τότε οὐ παρέσχε, Kal τὸν ἔλεγχον ἐξ ὧν ὁ Θεό-
~ >
dynos ἔλεγε τότε ἐξαπατῶν τοὺς δικαστάς, ἐκ
τούτων γίγνεσθαι; ἔφη γὰρ ἐν τῇ δίκῃ τῆς
/
αἰκείας, τοὺς μὲν μάρτυρας τοὺς παραγενομένους
~ /
Kal μαρτυροῦντας τὰ γενόμενα ἐν γραμματείῳ
κατὰ τὸν νόμον, ψευδεῖς εἶναι καὶ ὑπ᾽ ἐμοῦ παρ-
276

AGAINST EVERGUS, 6-8

The defendants themselves practically admit in 6
their deposition that I was anxious to receive the
woman for the torture, and that Theophemus urged
me to postpone the action, whereas I was unwilling to
do so. And yet it was regarding this woman, whom
I demanded for the torture, but whom Theophemus
offered to give up, as these men say; whom, however,
no one ever saw present in person either at that time
before the arbitrator or afterwards in the court-room,
or produced at any other place,—it was regarding her
that these witnesses deposed that Theophemus was
ready to give her up, and made the offer with a
challenge ; and the jury thought that the testimony 7
was true, and that I was seeking to evade the evidence
which the woman might have given in regard to the
assault and the question as to which one of us de-
livered the first blow (for this is what constitutes
assault). Is it not, then, a necessary inference that
these witnesses have given false testimony, men who
even up to this day dare not deliver up the woman in
person, as according to their statement Theophemus
offered to do, and as they testified for him? And they
dare not establish by actual fact the truth of their
testimony and free the witnesses from the risk of a 8
trial by making Theophemus, since he then refused to
do so, deliver up the woman in person, to be put to
the torture regarding the assault for which I am suing
Theophemus, and so make the proof result from the
very statements made at that time by Theophemus
with a view to deceiving the jurors. For he said in
the course of the trial for assault that the witnesses
who had been present and who testified to what had
taken place by a deposition in writing, as the law
provides, were false witnesses and had been suborned

277

DEMOSTHENES

A
εσκευασμένους, τὴν δ᾽ ἄνθρωπον τὴν παραγενομένην
ἐρεῖν τἀληθῆ, οὐκ ἐκ γραμματείου μαρτυροῦσαν,
ἀλλ᾽ ἐκ τῆς ἰσχυροτάτης μαρτυρίας, βασανιζο-
9 μένην, ὁπότερος ἦρξε χειρῶν ἀδίκων. ἃ δή, τῷ
7 / / ἢ / /
λόγῳ τότε καταχρώμενος καὶ μάρτυρας παρεχό-
» / / ~ > ᾽ὔ
μενος τούτων, ἠπάτα τοὺς δικαστάς, νῦν ἐξελέγ-
χεται ψευδῆ ὄντα: τὸ γὰρ σῶμα τῆς ἀνθρώπου
[1142] οὐ τολμᾷ παραδοῦναι, ὃ μεμαρτυρήκασιν αὐτὸν
> / ~ > A ~ ᾽ὔ, \
ἐθέλειν παραδοῦναι, ἀλλὰ μᾶλλον προήρηται τὸν
5 \ A \ A ~ > /
ἀδελφὸν καὶ τὸν κηδεστὴν ψευδομαρτυριῶν ἀγωνί-
ζεσθαι, ἢ παραδοῦναι τὸ σῶμα τῆς ἀνθρώπου καὶ
/ > / \ \ 3 ,ὔ \
δικαίως ἀπηλλάχθαι, Kat μὴ διὰ λόγων καὶ
δεήσεως, ἐὰν δύνωνται, ἐξαπατήσαντες ὑμᾶς ἀπο-
/ ν᾽): , ~ , εὐ /
10 φεύγειν, πολλάκις ἐμοῦ προκαλεσαμένου καὶ ἐξαιτή-
σαντος τὴν ἄνθρωπον, καὶ τότε τ᾽ ἀξιοῦντος
παραλαμβάνειν καὶ μετὰ τὴν δίκην, καὶ ὅτε
> /, > - \ 5 > - » A ,ὔ \ /
ἐξέτινον αὐτοῖς, Kal ἐφ᾽ 7 ἐγὼ δίκῃ Tov Θεόφημον
~ > ~ ~
διώκω τῆς αἰκείας, Kal ἐν TH ἀνακρίσει τῶν
ψευδομαρτυριῶν: καὶ τούτων οὐ προσποιουμένων,
ἰλλὰ λό \ / ἣς δῆ »Μ δὲ
ἀλλὰ λόγῳ μὲν μαρτυρούντων τὰ ψευδῆ, ἔργῳ δὲ
οὐ παραδιδόντων τὴν ἄνθρωπον" εὖ γὰρ ἤδεσαν ὅτι
~ , ~
βασανιζομένης αὐτῆς ἐξελεγχθήσονται ἀδικοῦντες,
οὐκ ἀδικούμενοι.
Ὡς δὲ ταῦτα ἀληθῆ λέγω, τούτων ὑμῖν ἀναγνώ-
σεται τὰς μαρτυρίας.

MAPTYPIAI

11 Ὅτι μὲν τοίνυν πολλάκις προκαλεσαμένῳ Kat
278

AGAINST EVERGUS, 8-11

by me ; but that the woman who had been present
would tell the truth, deposing, not to a written docu-
ment, but under torture, giving thus the strongest kind
of evidence as to which party delivered the first blow.
This is what he said at that time, using the most 9
vigorous language and bringing forward witnesses to
support his statements, and by this means deceiving
the jurors ; but now all this is proved to be false ; for
he does not dare to deliver up the woman, whom the
witnesses have declared that he was ready to deliver
up, but prefers that his brother and his brother-in-law
should have to stand trial on a charge of giving false
testimony, rather than that he should deliver up the
woman in person, and so be well rid of his troubles in
a fair and legal way, and that they should not try by
arguments and entreaties to find a means of escape
by deceiving you, if they could; although I challenged 10
him again and again, and asked for the woman, de-
manding to receive her for the torture both at that
time and after the trial, and again when I paid
them the money, and in my suit for assault against
Theophemus, and in the examination before the
magistrate in the trial for false testimony. These
men do not try to hide anything; their words are
perjury, their act is to refuse to deliver up the
woman ; for they knew well that, if she should be
put to the torture, it would be proved that they
were the wrongdoers and not the parties wronged.

To prove that I am speaking the truth in this,
the clerk shall read you the depositions concerning
these matters.

Tue DeEposIrions

That, despite my frequent challenges and demands 11
279

DEMOSTHENES

~ ~ \
ἀξιοῦντι παραλαβεῖν τὴν ἄνθρωπον οὐδεὶς παρ-
- /
εδίδου, μεμαρτύρηται ὑμῖν. ἵνα δὲ Kal ἐκ τεκμηρίων
΄- ~ ς ΄“
εἰδῆτε ὅτι ψευδῆ μεμαρτυρήκασι, δηλώσω ὑμῖν.
- By «- > /
οὗτοι γάρ, εἴπερ ἀληθῆ ἣν ἅ φασι προκαλέσασθαι
τὸν Θεόφημον καὶ παραδιδόναι τὸ σῶμα τῆς
"" /
ἀνθρώπου, οὐκ ἂν δήπου δύο μόνους μάρτυρας
> / ὃ \ \ LO Xr / \ iA An
ἐποιήσαντο κηδεστὴν καὶ ἀδελφόν, τοὺς ταληθῆ
~ > \ \ Μ μὴ ig! ε
12 μαρτυροῦντας, ἀλλὰ καὶ ἄλλους ἂν πολλούς. ἡ
\ \ / > ~ ὅλ , io ¢ \ \ Οἱ ὃ
μὲν γὰρ δίαιτα ἐν τῇ ἡλιαίᾳ ἦν" οἱ γὰρ τὴν Ow7oa
΄ ~ ~ /
καὶ τὴν ᾿Ερεχθῇδα διαιτῶντες ἐνταῦθα κάθηνται"
“ A ~
τῶν δὲ τοιούτων προκλήσεων, ὅταν τις TO σῶμα
~ oh ΄
παραδιδῷ κομίσας, πολλοὶ προΐστανται ἐπακούον-
τες τῶν λεγομένων, ὥστε οὐκ ἂν ἠπόρησαν μαρ-
~ > ,
[1143] τύρων, εἴπερ καὶ ὁπωστιοῦν ἀληθὴς ἦν ἡ μαρτυρία.

>
>

/ / ΝΜ / >
18. Μεμαρτυρήκασι τοίνυν, ὦ ἄνδρες δικασταί, ἐν
τῇ αὐτῇ μαρτυρίᾳ, ὡς ἐγὼ οὐκ ἐθέλοιμι ἀνα-
Υ, « \ / i? a /
βαλέσθαι, ὁ δὲ Θεόφημος κελεύοι, iva μοι παραδοίη
\ + « \ > > \ a > ”
τὴν ἄνθρωπον. ὡς δὲ οὐκ ἀληθὲς τοῦτ᾽ ἔστιν,
>? δὰ e “-“ / > \ \ > \ \ /
ἐγὼ ὑμᾶς διδάξω. εἰ μὲν yap ἐγὼ Tov Θεόφημον
ταύτην τὴν πρόκλησιν προὐκαλούμην, ἣν μεμαρ-
τυρήκασιν αὐτῷ, ἀξιῶν αὐτὸν τὴν ἄνθρωπον παρα-
14 δοῦναι, εἰκότως ἀν μοι τούτους τοὺς λόγους
> / > / / \ / >
ἀπεκρίνατο, ἀναβαλέσθαι κελεύων τὴν δίαιταν εἰς
τὴν ὑστέραν σύνοδον, ἵνα κομίσῃ τὴν ἀνθρωπον
καὶ παραδῷ μοι: νῦν δὲ σὲ αὐτὸν μεμαρτυρήκασιν,
> / 22 7 , \ »
ὦ Θεόφημε, ἐθέλειν παραδιδόναι τὴν ἄνθρωπον,
καὶ ἐμὲ μὴ θέλειν παραλαβεῖν. πῶς οὖν σὺ κύριος
\ Ἅ ~ > θ ’ / \ “-
μὲν ὧν τῆς ἀνθρώπου, μέλλων δὲ προκαλεῖσθαι

2 The place for holding the sessions of the court of that
name.

280

AGAINST EVERGUS, 11-14

for the delivery of the woman for examination, no
one has ever delivered her up, has been shown to you
by witnesses. But in order that you may know from
circumstantial proofs also that they have given false
testimony, I will prove it. For if what they state
were true, namely, that Theophemus tendered the
challenge and offered to give up the woman in person,
these men, I take it, would not have produced two
witnesses only, a brother and a brother-in-law, to
testify to what was true, but many others as well.
For the arbitration took place in the Heliaea,* where
those serving as arbitrators for the Oeneid and
Erectheid tribes hold their sessions ; and when chal-
lenges of this sort are given, and a party brings his
slave in person, and delivers him up for examination
by the torture, hosts of people stand forth to hear
what is said ; so that they would not have been at a
loss for witnesses, if there had been the least truth in
the deposition.

They have testified, then, in the same deposition,
men of the jury, that I was unwilling to have a
postponement, but that Theophemus urged it in
order that he might produce the woman. That this is
not true, I will show you. For if I had tendered to
Theophemus this challenge to which they have de-
posed, requiring him to deliver up the woman, he
might fittingly have answered by urging that the
arbitration be put off until the next meeting,
in order that he might bring the woman and
deliver her up to me; but as it is, Theophemus,
they have deposed that it was you who desired to
deliver up the woman and that I was not willing to
receive her. How is it that you, who were the
woman’s master, when you were on the point of

281

_

3

DEMOSTHENES

Δ
ταύτην τὴν πρόκλησιν ἣν μεμαρτυρήκασί σοι,
καταφεύγων δὲ εἰς τὴν ἄνθρωπον περὶ τοῦ δικαίου,

15 ἄλλου δέ σοι οὐδενὸς ὄντος μάρτυρος ὡς ἐπλήγης
ὑπ᾽ ἐμοῦ ἄρχοντος χειρῶν ἀδίκων, οὐχ KES ἔχων
τὴν ἄνθρωπον πρὸς τὸν διαιτητὴν καὶ παρεδί-
δους τὸ σῶμα παρούσης τῆς ἀνθρώπου, κύριός γε
nn > ~ > \ \ A / \
ὧν αὐτῆς; ἀλλὰ τὴν μὲν πρόκλησιν φὴς προ-
καλέσασθαι, τὴν δ᾽ ἄνθρωπον οὐδεὶς εἶδε, δι᾿ ἧς
ἐξηπάτησας τοὺς δικαστάς, ψευδεῖς μάρτυρας
παρασχόμενος ὡς ἐθέλων παραδοῦναι.

3 \ / / > ~ ¢ ”

16 *Ezewd7) τοίνυν σοι τότε οὐ παρῆν ἡ ἄνθρωπος,
ἀλλὰ πρότερον ἐσημάνθησαν οἱ ἐχῖνοι, ὕστερον
ἔστιν ὅπου ἤγαγες τὴν ἄνθρωπον εἰς τὴν ἀγορὰν
ἢ εἰς τὸ δικαστήριον; εἰ γὰρ μὴ τότε σοι παρ-
ἐγένετο, ὕστερον δήπου ἔδει παραδιδόναι, καὶ

/ cal ε ? / > ~ > / \
μάρτυρας ποιεῖσθαι ws ἐθέλεις ἐν τῇ ἀνθρώπῳ τὸν
[1144] ἔλεγχον γίγνεσθαι, καθάπερ προὐκαλέσω, προ-

/ 72 > if \ / ¢
κλήσεώς τε ἐμβεβλημένης σοι καὶ μαρτυρίας ws

» \ + / /

ἤθελες παραδιδόναι τὴν ἄνθρωπον. μέλλων τοίνυν
εἰσιέναι τὴν δίκην ἔστιν ὅπου τὴν ἄνθρωπον εἰσ-

/ A \ »3 ,ὔ ” ΕῚ /

17 ἤγαγες πρὸς τὸ δικαστήριον; καίτοι ἔδει αὐτόν,
” > ~ Ss Ὁ ’ \ ~
εἴπερ ἀληθῆ ἦν a φασιν αὐτὸν προκαλεῖσθαι,
κληρουμένων τῶν δικαστηρίων κομίσαντα τὴν
»Μ / \ / ΄ > / >
ἄνθρωπον, λαβόντα τὸν κήρυκα, κελεύειν ἐμέ, εἰ
βουλοίμην, βασανίζειν, καὶ μάρτυρας τοὺς δικαστὰς
εἰσιόντας ποιεῖσθαι ὡς ἕτοιμός ἐστι παραδοῦναι.

\ \ / > / A ,
νυνὶ δὲ λόγῳ ἐξαπατήσας, ψευδεῖς μαρτυρίας παρα-
282

AGAINST EVERGUS, 14-17

tendering me this challenge, to which your witnesses
have deposed, when you were forced to take refuge
in this woman’s testimony to establish your case, and
when you had no other witness to my having assaulted
you and having delivered the first blow—how is it,
I ask, that you did not bring the woman with you to
the arbitrator and deliver her up, having her then
present in person, and being yourself Re master ?
Nay, you state that you tendered the challenge; but
no one saw the woman by means of whom you deceived
the jurors, through producing false witnesses to repre-
sent that you wished to give her up.

Well, then, since the woman was not present with
you at that time and the boxes had previously been
sealed, did you at any time afterward bring her
into the market-place or before the court? For if
she was not present with you at that time, you surely
ought to have delivered her up afterwards, and to
have called witnesses to prove that you were willing
to have the test made by the woman’s evidence in
accordance with the challenge which you had
tendered, as your challenge had been put in the box,
and a deposition stating that you were ready to
deliver her up. Well then, when you were on the
point of entering upon the trial, did you ever
bring the woman before the court ? And yet, if what
they say about his tendering the challenge is true,
he ought, when the court-rooms were being assigned
by lot, to have brought the woman, got a herald to
attend, and bidden me, if I chose, to put her to the
torture, and have made the jurors as they came in
witnesses to the fact that he was ready to deliver
her up. But as it is, he has made deceitful state-
ments and has produced false witnesses, but even to

283

DEMOSTHENES

σχόμενος, οὐδέπω Kal νῦν τολμᾷ τὴν ἄνθρωπον
παραδοῦναι, πολλάκις ἐμοῦ προκαλεσαμένου καὶ
ἐξαιτήσαντος, ὡς οἱ μάρτυρες ὑμῖν οἱ παραγενό-
μενοι. μεμαρτυρήκασιν.

al μοι ἀνάγνωθι πάλιν τὰς μαρτυρίας.

MAPTYPIAI

18 Βούλομαι δ᾽ ὑμῖν, ὦ ἄνδρες δικασταί, καὶ τὴν
δίκην διηγήσασθαι, ὅθεν ἐγένετό μοι πρὸς Θεό-
μον, ἵνα εἰδῆτε ὅτι οὐ μόνον ἐμοῦ ἀδίκως
κατεδικάσατο, ἐξαπατήσας τοὺς δικαστάς, ἀλλὰ
καὶ τῆς βουλῆς ἅμα τῶν πεντακοσίων τῇ αὐτῇ
ψήφῳ, καὶ ἄκυρα μὲν ἐποίησε τὰ δικαστήρια τὰ
ὑμέτερα, ἄκυρα δὲ τὰ ψηφίσματα καὶ τοὺς νόμους,
ἀπίστους δὲ τὰς ἀρχὰς κατέστησεν ὑμῖν καὶ τὰ
γράμματα τὰ ἐν ταῖς στήλαις. ὃν δὲ τρόπον, ἐγὼ
19 ὑμᾶς περὶ ἑνὸς ἑκάστου διδάξω. ἐμοὶ γὰρ πρὸς
Θεόφημον συμβόλαιον μὲν οὐδὲν πώποτε πρότερον
ἐν τῷ βίῳ ἐγένετο, οὐδ᾽ αὖ κῶμος ἢ ἔρως ἢ πότος,
ὥστε διαφερόμενον περί τινος πλεονεκτήματος ἢ
παροξυνόμενον ὑπὸ ἡδονῆς τινὸς ἐλθεῖν ἐπὶ "τὴν
οἰκίαν τὴν TovTov. ψηφισμάτων δὲ ὑμετέρων
[1146] δήμου καὶ βουλῆς καὶ νόμου ἐπιτάξαντος, εἰσ-
έπραξα τοῦτον ὀφείλοντα τῇ πόλει σκεύη τριηρικά.
20 διότι δέ, ἐγὼ ὑμῖν διηγήσομαι. ἔτυχεν ἐκπλεουσῶν
τριήρων βοήθεια ἀποστελλομένη διὰ τάχους. σκεύη
οὖν ἐν τῷ νεωρίῳ οὐχ ὑπῆρχε ταῖς ναυσίν, ἀλλ᾽
ἔχοντες οἱ ὀφείλοντες οὐκ ἀπεδίδοσαν: πρὸς δὲ

2 These stelae were marble slabs upon which were inscribed
the names of those trierarchs who were indebted to the state
for damage or loss of equipment. A good many such in-
scriptions are still extant.

284

AGAINST EVERGUS, 17-20

this day he does not dare to deliver up the woman,
though I have made repeated challenges and
demands, as the witnesses who were present have
testified before you.

(To the clerk.) Please read the depositions again.

Tue DEeEposITIons

I wish now, men of the jury, to explain to you the
origin of my action against Theophemus, in order
that you may be assured that he not only secured
my condemnation unjustly by deceiving the jury, but
also at the same time secured by the same verdict
the condemnation of the senate of five hundred, and
made of no effect the decisions of your courts and of
no effect your decrees and your laws, and shook
your faith in your magistrates and in the inscriptions
on the public stelae.* How he has done this 1
will show you point by point. I never before at
any time in my life had any business transaction
with Theophemus, nor yet any revel or love-affair or
drinking-bout, to lead me to go to his house, because
of a quarrel with him about some matter in which he
had got the better of me, or under the excitement of
amorous passion. No, but in obedience to decrees
passed by your assembly and senate and at the bidding
of the law I demanded of him the ship’s equipment
which he owed to the state. For what reason, I shall

proceed to tell you. It chanced that some triremes :

were about to sail, a military force having to be
despatched in haste. Now there was not in the
dockyards equipment for the ships, but those from
whom it was due, who had in their possession such
equipment, had failed to return it ; and furthermore

285

bo
Θ

DEMOSTHENES

τούτοις οὐδ᾽ ev τῷ Lletparet ὄντα ἀφθονα ὀθόνια
καὶ στυππεῖον καὶ σχοινία, οἷς κατασκευάζεται
τριήρης, ὥστε πρίασθαι. γράφει οὖν Χαιρέδημος
τὸ ψήφισμα τουτί, ἵνα εἰσπραχθῇ τὰ σκεύη ταῖς
ναυσὶ καὶ σῷα ae τῇ πόλει.

Καί μοι ἀνάγνωθι τὸ ψήφισμα.

ΨΗΦΙΣΜΑ

¢

2] Tovrov τοίνυν τοῦ ψηφίσματος γεγενημένου, ἡ
μὲν ἀρχὴ ἐπεκλήρωσε καὶ παρέδωκε τοὺς ὀφεί-
λοντας τὰ σκεύη τῇ πόλει, οἱ δὲ; τῶν νεωρίων ἐπι-
μεληταί, τοῖς τριηράρχοις τοῖς ἐκπλέουσι τότε καὶ
τοῖς ἐπιμεληταῖς τοῖς ἐν ταῖς συμμορίαις. ὁ δὲ
νόμος ὁ τοῦ [Περιάνδρου ἠνάγκαζε καὶ προσέταττε
παραλαβεῖν τοὺς ὀφείλοντας τὰ σκεύη, καθ᾽ ὃν αἱ
συμμορίαι συνετάχθησαν. πρὸς δὲ τούτοις ἕτερον
ψήφισμα δήμου ἠνάγκαζε τὸ πρὸς μέρος ἡμῖν
διδόναι τῶν ὀφειλόντων ἕκαστον εἰσπράξασθ au.

22 ἔτυχον δὴ ἐγὼ μὲν τριηραρχῶν καὶ ἐπιμελητὴς
ὧν τῆς συμμορίας, “Δημοχάρης δὲ ὁ Παιανιεὺς ἐν
τῇ συμμορίᾳ ὧν καὶ ὀφείλων τῇ πόλει σκεύη μετὰ

εοφήμου τουτουί, συντριήραρχος γενόμενος. γε-
γραμμένους οὖν αὐτοὺς ἀμφοτέρους ἐν τῇ στήλῃ
ὀφείλοντας τὰ σκεύη τῇ πόλει, ἡ ἀρχὴ παραλα-
βοῦσα παρὰ τῆς προτέρας ἀρχῆς, ἡμῖν παρέδωκε

23 κατά τε τὸν νόμον καὶ τὰ ψηφίσματα. ἐξ a ἀνάγκης

[1146] οὖν ἣν μοι παραλαβεῖν. ἐπεὶ ἐν τῷ πρόσθεν
χρόνῳ πολλὰς τριηραρχίας τετριηραρχηκὼς ὑμῖν,
1 δὲ is bracketed by Blass.

@ 'This law was passed in 358-357 B.c.
ὃ Paeania was a deme of the tribe Pandionis.

286

AGAINST EVERGUS, 20-23

there was not available for purchase in the Peiraeus
either an adequate supply of sail-cloth and tow and
cordage, which serve for the equipment of a trireme.
Chaeridemus, therefore, proposed this decree, in order
that the equipment for the ships might be recovered
and kept safe for the state.

(To the clerk.) Read the decree, please.

Tue DeEcREE

When this decree had been passed, the magistrates
chose by lot those who owed the ship’s equipment to
the state and handed over their names, and the over-
seers of the dockyards passed on the list to the trier-
archs who were then about to sail, and to the overseers
of the navy-boards. The law of Periander “ forced us
and laid command upon us to receive the list of those
who owed equipment to the state,—I mean the law
in accordance with which the navy-boards were con-
stituted. And besides this another decree of the
people compelled them to assign to us the several
debtors that we might recover from each man his
proportionate amount. Now I, as it happened, was
a trierarch and overseer of the navy-board, and Demo-
chares of Paeania? was in the navy-board, and was
indebted to the state for the equipment of a ship in
conjunction with Theophemus here, for he had served
as joint trierarch with him. Both their names, then,
had been inscribed on the stelé as indebted to the state
for the ship’s equipment, and the magistrates, receiv-
ing their names from those in office before them, gave
them over to us in accordance with the law and the

decrees. It was therefore a matter of necessity for :

us to receive them. I must tell you that hitherto,
although I had often served as your trierarch, I had
287

2

bo
bo

bo

]

DEMOSTHENES

οὐδεπώποτε ἔλαβον σκεύη ἐκ τοῦ vewpiov, ἀλλ᾽
αὐτὸς ἰδίᾳ παρεσκεύαζον, ὁπότε δέοι, ἵνα ὡς
ἐλάχιστα πράγματα ἔχοιμι πρὸς τὴν πόλιν: τότε
δὲ κατά τε τὰ ψηφίσματα καὶ τὸν νόμον ἠναγκα-
ζόμην παραλαβεῖν.

24 “ὥς δὲ ταῦτ᾽ ἀληθῆ λέγω, τούτων ὑμῖν μάρτυρας
παρέξομαι τό τε ψήφισμα καὶ τὸν νόμον, ἔπειτα
τὴν ἀρχὴν αὐτὴν τὴν παραδοῦσαν καὶ εἰσαγαγοῦσαν
εἰς τὸ δικαστήριον, εἶτα τοὺς ἐκ τῆς συμμορίας,
ἧς ἦν ἐπιμελητὴς καὶ τριήραρχος.

Καί μοι ἀνάγνωθι.

ΝΟΜΟΣ. ΨΗΦΙΣΜΑ. MAPTYPIAI

ς > ee

25 ‘Qs μὲν τοίνυν πολλή μοι ἀνάγκη ἢν παραλαβεῖν

τοὺς ὀφείλοντας τῇ πόλει, τοῦ τε νόμου ἀκούετε

\ ~ Ul «ε \ \ / \

καὶ τῶν ψηφισμάτων: ws δὲ καὶ παρέλαβον παρὰ

τῆς ἀρχῆς, ὁ παραδοὺς ὑμῖν μεμαρτύρηκεν. σκέ-

ψασθαι οὖν ὑμᾶς εἰκός ἐστιν ἐξ ἀρχῆς, ὦ ἄνδρες

δικασταί, τοῦτο πρῶτον, πότερον ἐγὼ ἠδίκουν ὁ

3 / > ~ \ 6 μὴ /

ἀναγκαζόμενος εἰσπρᾶξαι τὸν Θεόφημον, ἢ Oco-

« > / ~ / \ fy Av

dynos, ὃς ὀφείλων τῇ πόλει τὰ σκεύη πολὺν

96 χρόνον οὐκ ἀπεδίδου. ἐὰν γὰρ καθ᾽ ἕκαστον
~ 7 >

σκοπῆτε, εὑρήσετε τὸν Θεόφημον ἅπαντα ἀδι-
~ ~ ~ >

κοῦντα, Kal ταῦτα οὐχ ὑπ᾽ ἐμοῦ μόνον λόγῳ εἰρη-
a ~ \ ~ /

μένα, ἀλλὰ καὶ ὑπὸ τῆς βουλῆς καὶ τοῦ δικαστηρίου

\

ψήφῳ κεκριμένα. ἐπειδὴ yap παρέλαβον αὐτὸν

~ ~ ~ ~ A

Tapa τῆς ἀρχῆς, προσελθὼν αὐτῷ πρῶτον μὲν

~ > / >

ἀπήτουν τὰ σκεύη: ὡς δὲ τοῦτό μου εἰπόντος οὐκ

- \ A

ἀπεδίδου, ὕστερον αὐτῷ περιτυχὼν περὶ τὸν

288

AGAINST EVERGUS, 23-26

never taken equipment from the dockyards, but had
supplied it at my own private expense whenever need
arose, in order that I might have as little trouble as
possible with the state. On this occasion, however,
I was compelled to take over the names in accordance
with the decrees and the law.

To prove that I am speaking the truth in this, I :

shall produce as witnesses supporting these facts, the
decree and the law, next the magistrate who gave
the names over to me and who brought the case into
court, and finally the members of the navy-board in
which I was overseer and trierarch.

(To the clerk.) Read, please.

Tue Law. Tue Decree. Tue Deposirions

That it was absolutely necessary, therefore, for me :

to take over the names of those indebted to the state,
you have heard from the law and the decrees ; and
that I took them over from the magistrate, the one
who delivered them to me has testified. So, then,
the first question for you to consider at the outset,
men of the jury, is this, whether the wrongdoer was
I, who was compelled to recover from Theophemus
what he owed, or Theophemus, who had long owed
the equipment to the state and refused to give it
back. For if you look at each matter severally, you
will find that Theophemus was wholly in the wrong,
and that this is not merely a statement of mine but
a fact decided by vote of the senate and the court.
For when I had received his name from the magis-
trate, I approached him and first demanded the ship’s
equipment ; when he refused to give it back on my
making this statement, I subsequently fell in with

VOL. II U 289

bo
or

[1147]

27

28

29

DEMOSTHENES

“Eppqy TOV πρὸς TH πυλίδι, προσεκαλεσάμην πρός
τε τοὺς ἀποστολέας καὶ “πρὸς τοὺς τῶν νεωρίων
ἐπιμελητάς" οὗτοι γὰρ εἰσῆγον τότε τὰς διαδικασίας
εἰς τὸ δικαστήριον περὶ τῶν σκευῶν.

Ὡς δὲ ἀληθῆ λέγω, τούτων ὑμῖν μάρτυρας τοὺς
κλητεύσαντας παρέξομαι.

ΜΑΡΤΥΡΕΣ

Ὅτι μὲν τοίνυν προσεκλήθη ὑπ᾽ ἐμοῦ, ot κλη-
τῆρές μοι μεμαρτυρήκασιν" ὡς δὲ εἰσήχθη εἰς τὸ
δικαστήριον, λαβέ μοι τὴν μαρτυρίαν τῶν ἀποστο-
λέων καὶ τῆς ἀρχῆς.

MAPTYPIA

Ὃν μὲν τοίνυν ὥμην πράγματα παρέξειν μοι
Δημοχάρην τὸν Παιανιέα, πρὶν μὲν εἰσαχθῆναι εἰς
τὸ δικαστήριον, ἦν ἀηδής, ἐπειδὴ δὲ εἰσήχθη καὶ
ἑάλω, ἀπέδωκε τὸ καθ᾽ ἑαυτὸν μέρος τῶν σκευῶν.
ὃν δ᾽ οὐκ ἂν φήθην εἰς τοσοῦτον πονηρίας ἐλθεῖν,
ὥστε τολμῆσαι ἄν ποτε τὴν πόλιν ἀποστερῆσαι
τὰ σκεύη, εἰς τοσοῦτο δικῶν καὶ πραγμάτων προ-
βέβηκεν. καὶ παρὼν μὲν πρὸς τῷ δικαστηρίῳ ὅτε
εἰσήγετο, οὐδαμοῦ ἠντεδίκησεν, οὐδὲ ἀπεγράψατο
διαδικασίαν πρὸς οὐδένα, εἴ τινά φησιν ἕτερον
ἔχειν τὰ σκεύη καὶ μὴ προσήκειν αὑτῷ ἀποδοῦναι,
ἀλλ᾽ εἴασε Kal? αὑτοῦ ψῆφον ἐπαχθῆναι: ἐπειδὴ

«ΤΗηϊς Hermes, dedicated by the nine archons in 495-499,
stood near the ᾿Αστικὸς Πυλών, or City Gate, of the Horii
fortification wall of the Peiraeus. See Judeich, Topographie
von Athen’, pp. 152 f.

Ὁ The διαδικασία was a procedure for the adjudication of
the claims or responsibilities of various contestants. The
technical modern term is “ἡ interpleader.”

290

AGAINST EVERGUS, 26-29

him near the Hermes “ which stands by the little gate
and summoned him before the despatching board
and the overseers of the dockyards ; for it was they
who at that time brought into court suits regarding
ship’s equipments.

To prove that I am speaking the truth, I shall pro-
duce as witnesses to these facts those who served the
summons.

Tue WITNESSES

That he was summoned by me, then, has been
testified to you by those who served the summons ;
now to prove that he was brought into court, (to the
clerk) take the deposition of the despatching board
and the magistrates.

Tue DeEposIrion

The one who I thought would give me trouble, :

Demochares of Paeania, was indeed disagreeable
before he was brought into court, but after he had
been tried and convicted he returned the part of the
ship’s equipment that was due from him. But the
one whom I should never have expected to go to
such an extreme of rascality that he would ever
dare to rob the state of the equipment, has gone
ahead with all these troublesome lawsuits. He
was present in the court-room when the suit
was brought in, but never made any defence, nor
did he give in the name of anyone for an adjudica-
tion,” as he should have done, if he claims that
someone else has the equipment and that it was not
his duty to give it back ; but he suffered the verdict

to be given against him ; yet after he left the court- 2

291

bo
ie.)

~)
©

80
[1148]

91

DEMOSTHENES

δὲ ἀπῆλθεν ἐκ τοῦ δικαστηρίου, οὐδὲν μᾶλλον
> / 5 5» mu” >, A ~ , 5» ‘
ἀπεδίδου, ἀλλ᾽ ᾧετο ἐν μὲν τῷ παρόντι αὐτὸς
Ψ A / ¢ ͵ὔ a a “ » /
ἐκποδὼν γενόμενος ἡσυχίαν ἕξειν, ἕως ἂν ἐγώ TE
> ~ \
ἐκπλεύσω Kal αἱ νῆες καὶ χρόνος ἐγγένηται, καὶ
» ᾽ὔ “ - uv 4 ~ / 5 /
ἐμέ, ἃ οὗτος ὦφειλε σκεύη TH πόλει, ἀναγκασθή-
5 ~ [2 δ᾽ / a“ ~ /
σεσθαι ἀποδοῦναι ae ἐνθάδε i τῷ διαδόχῳ,
/
Os av ἔλθῃ ε ἐκ τῆς BUNS ἐπὶ τὴν ναῦν. τί yap
av καὶ ἀντέλεγον αὐτῷ ψηφίσματα καὶ νόμους
~ ~ x
παρεχομένῳ, WS προσῆκεν ἐμὲ εἰσπρᾶξαι τὰ
σκεύη; ὁ δὲ Θεόφημος χρόνου ἐγγεγενημένου,
« ὔ 3 Α “ 5 / ΕΣ 7ὔ 5
ὁπότε αὐτὸν ἥκων ἀπαιτοίην, ἔμελλε φήσειν ἀπο-
δεδωκέναι, καὶ τούτοις τεκμηρίοις καταχρήσεσθαι
ξς 5 / ~ ~ ~ ,ὔ ς , , /
Ws ἀποδέδωκε, τῷ καιρῷ, TH χρείᾳ, ws οὐκ ἠλίθιος
μὰν 509 ay ΄ - a , 5) /
ἣν οὐδ᾽ αὖ φίλος αὐτῷ γενόμενος οὐδεπώποτε,
a 5 » - σ΄ ,ὔ y+ / > /
ὥστ᾽ ἐπισχεῖν: ὥστε τί av ποτε βουλόμενος ἐγώ,
~ ~ “ ~
τριηραρχῶν μὲν TH πόλει, ἐπιμελητὴς δὲ ὧν τῆς
/
συμμορίας, ψηφισμάτων δὲ τοιούτων Kal νόμου
ὄντος, περὶ τὴν εἴσπραξιν ἐπέσχον ἂν τούτῳ;
, \ / uv « / ᾽ὔ \
ταύτην τὴν διάνοιαν ἔχων ὃ Θεόφημος, τότε μὲν
> > , κι , > 385 \ 5 “
οὐκ ἀπεδίδου τὰ σκεύη, ἀλλ᾽ ἐκποδὼν ἦν, ὕστερον
/, τι
δὲ ᾧετό με ἀποστερήσειν, πρὸς δὲ τούτοις εἰς
ὅρκον καταφυγὼν ῥᾳδίως ἐπιορκήσειν, ὅπερ καὶ
» , A \ ε / ~
ἄλλοις πεποίηκεν. δεινὴ yap ἡ πλεονεξία τοῦ
A ~
τρόπου περὶ τὰ διάφορα, ws ἐγὼ ἔργῳ ὑμῖν
> / ~ \ A 4 > / c /
ἐπιδείξω. ταῦτα γὰρ τὰ σκεύη ὀφείλων ὁ Θεό-
φημος τῇ πόλει, εἰς ᾿Αφαρέα ἀνέφερε λόγῳ, ἔργῳ

δὲ οὐκ ἀπεγράψατο πρὸς αὐτὸν διαδικασίαν, εὖ
202

AGAINST EVERGUS, 29-31

room he did not pay any the more because of that,
but decided that for the time being he would keep
out of the way and remain quiet until I should have
sailed with the fleet, and some time should have
elapsed, thinking that I should have to pay for the
equipment which he owed to the state either when
I returned here, or else to my successor who should
come from the navy-boards to take command of the
ship. For what answer could I have given this man,
when he produced decrees and laws showing that
I was obliged to recover the equipment? And 30
Theophemus, after a lapse of time, when I had come
back and made demands upon him, would have said
that he had paid back the equipment, and to show
that he had paid would have insisted upon these
proofs—the crisis, the urgency, and that I was not such
a fool and had never been such a friend of his as to
wait ; for what possible reason, then, when I was
serving the state as trierarch and was overseer of the
navy-board, and when decrees of such a nature and
such a law were in force, should I have obliged him
by delaying the collection? It was because Theo- 31
phemus reasoned in this way that he then refused to
restore the equipment but kept himself out of the
way, and thought that later on he would be able to
rob me ; and besides this, he could take refuge in an
oath and perjure himself without trouble, a thing
which he has done to others also. For the greed-
iness of the man’s character in matters where his
interests are involved is dreadful, as I shall show you
in fact. For Theophemus, while owing this equip-
ment to the state, made a pretence of shifting the
charge to Aphareus, but in actual fact he never
reported his name for an adjudication, well knowing

293

DEMOSTHENES

εἰδὼς ὅτι ἐλεγχθήσεται ψευδόμενος, ἐὰν εἰσέλθῃ
32 εἰς δικαστήριον. ὁ γὰρ ᾿Αφαρεὺς ἐξήλεγχεν αὐτὸν
τιμὴν λογισάμενον αὑτῷ τῶν σκευῶν καὶ λαβόντα
παρ᾽ αὑτοῦ, ὅτε παρελάμβανε τὴν τριηραρχίαν.
νῦν δέ φησι Δημοχάρει παραδοῦναι, καὶ δικάζεται
τοῖς παιδίοις τοῖς Δημοχάρους τετελευτηκότος τοῦ
/ av > "ἢ « / τὰ >
Δημοχάρους. ὅτε δ᾽ ἔζη 6 Δημοχάρης, οὐκ ἀπ-
Ld \ > \ / «ς /
eypaibato πρὸς αὐτὸν διαδικασίαν ὁ Θεόφημος,
» / C253) 5 ~ \ 4 > > " 7
εἰσπραττόμενος ὑπ᾽ ἐμοῦ τὰ σκεύη, ἀλλ᾽ ἠβούλετο
ἐπὶ προφάσει χρόνου ἐγγενομένου ἀποστερῆσαι τὴν
πόλιν τὰ σκεύη.
«ς > > ~ / > / \ /
Qs δ᾽ ἀληθῆ λέγω, ἀναγνώσεται Tas μαρτυρίας.

[1149] MAPTYPIAI

~ / > A / > », \
33 Ταῦτα τοίνυν ἐγὼ πάντα ἐνθυμούμενος, Kat
ἀκούων τὸν Θεόφημον τῶν πεπλησιακότων οἷος
» \ \ / \ > > / \
εἴη περὶ τὰ διάφορα, Kal οὐκ ἀπολαμβάνων τὰ
σκεύη παρ᾽ αὐτοῦ, προσήειν πρός τε τοὺς ἀπο-
/ \ \ / ,ὔ “ > > / /
στολέας Kat τὴν βουλήν, λέγων ὅτι οὐκ ἀποδίδωσί
\ / ¢ / Δ io 5» ~
μοι TA σκεύη ὁ Θεόφημος, ἃ ὦφλεν ἐν τῷ δικα-
, ~ \ \ ¢ a” / ~
στηρίῳ. προσῇσαν δὲ καὶ ot ἄλλοι τριήραρχοι TH
΄- “ \ / \ ~ > /
βουλῇ, ὅσοι μὴ παρελάμβανον παρὰ τῶν ὀφειλόντων
τὰ σκεύη. καὶ πολλῶν λόγων γενομένων ἀπο-
᾿ς ¢ a ¢ \ / «Ὁ > 7
κρίνεται ἡμῖν ἡ βουλὴ ψηφίσματι, ὃ ἀναγνώσεται
ὑμῖν, εἰσπράττεσθαι τρόπῳ ᾧ ἂν δυνώμεθα.

ΨΗΦΙΣΜΑ

/ / ~ / ΄ 9 ~

34 Τενομένου τοίνυν τοῦ ψηφίσματος τούτου ἐν TH

βουλῇ, καὶ οὐδενὸς γραφομένου παρανόμων, ἀλλὰ
204

AGAINST EVERGUS, 31-34

that he would be convicted of falsehood, if he should
come into court. For Aphareus proved that Theo- 32
phemus had reckoned up against him the cost of the
equipment and had got the money from him, when he
took over the trierarchy. Now Theophemus main-
tains that he gave it over to Demochares, and he is
suing the children of Demochares, who is now dead.
But, while Demochares lived, Theophemus did not
report his name for an adjudication when he was
being sued by me for the equipment ; he merely
wished, on the pretence of the lapse of time, to rob
the state of the equipment.

To prove that I am speaking the truth, the clerk
shall read you the depositions.

Tue DepositTions

Bearing all these facts in mind, therefore, and 33
hearing from those who had had dealings with Theo-
phemus what sort of a man he was in matters where
his interests were involved, and failing to recover the
equipment from him, I approached the despatching
board and the senate, stating that Theophemus would
not return to me the equipment for which he was
accountable by judgement of the court. And the
other trierarchs also approached the senate, all those
who had not been able to recover the equipment from
the persons bound to produce it. And after much
argument the senate answered by a decree which the
clerk shall read to you, instructing us to recover what
was due in whatever way we could.

Tue DecrEE

When, then, the decree had been passed by the 34
senate, since no one indicted it for illegality, but it

295

DEMOSTHENES

κυρίου ὄντος, προσελθὼν Εὐέργῳ τουτῳὶ τῷ
ἀδελφῷ τοῦ Θεοφήμου, ἐπειδὴ τὸν Θεόφημον οὐχ
οἷός τε ἦν ἰδεῖν, ἔχων τὸ ψήφισμα. πρῶτον μὲν
ἀπήτησα τὰ σκεύη καὶ ἐκέλευσα αὐτὸν φράσαι τῶ
Θεοφήμῳ, ἔπειτα διαλιπὼν ἡμέρας τινάς, ὡς οὐκ
ἀπεδίδου τὰ σκεύη, ἀλλ᾽ ἐχλεύαζέ με, παραλαβὼν
μάρτυρας ἠρόμην αὐτὸν πότερα νενεμημένος εἴη
πρὸς τὸν ἀδελφὸν ἢ κοινὴ ἡ οὐσία εἴη αὐτοῖς.
35 ἀποκριναμένου δέ μοι Εὐέργου, ὅτι νενεμημένος
εἴη καὶ χωρὶς οἰκοίη ὁ Θεόφημος, αὐτὸς δὲ παρὰ
τῷ πατρί, πυθόμενος οὗ ὦκει ὁ Θεόφημος, λαβὼν
παρὰ τῆς ἀρχῆς ὑπηρέτην ἦλθον ἐπὶ τὴν οἰκίαν
τοῦ Θεοφήμου. καταλαβὼν δὲ αὐτὸν οὐκ ἔνδον
ὄντα, ἐκέλευσα τὴν ἀνθρωπον τὴν ὑπακούσασαν
μετελθεῖν αὐτὸν ὅπου εἴη, ταύτην ἣν μεμαρτυρή-
κασιν οὗτοι προκαλέσασθαι τὸν Θεόφημον παρα-
[1050] δοῦναι, ἐγὼ δὲ ἐξαιτῶν οὐ δύναμαι παραλαβεῖν,
iv? ὑμεῖς τὴν ἀλήθειαν πύθησθε, ὁπότερος ἦρξε
86 χειρῶν ἀδίκων. ὡς δὲ ἀφικνεῖται ὁ Θεόφημος
μετελθούσης αὐτὸν τῆς ἀνθρώπου, ἀπήτουν αὐτὸν
τὸ διάγραμμα τῶν σκευῶν, λέγων ὅτι ἤδη περὶ
ἀναγωγὴν εἴην, καὶ ἐδείκνυον τὸ ψήφισμα τῆς
βουλῆς. ὡς δὲ ταῦτά μου λέγοντος οὐκ ἀπεδίδου,
ἀλλ᾽ ἠπείλει καὶ ἐλοιδορεῖτο, ἐκέλευσα τὸν παῖδα
καλέσαι εἴ τινας ἴδοι τῶν πολιτῶν παριόντας ἐκ
τῆς ὁδοῦ, ἵνα μάρτυρές μοι εἴησαν τῶν λεγομένων,
37 καὶ ἠξίουν πάλιν τὸν Θεόφημον, ἢ αὐτὸν ἀκολου-
θεῖν πρὸς τοὺς ἀποστολέας καὶ τὴν βουλήν, καὶ
εἰ μή φησιν ὀφείλειν, ἐκείνους πείθειν τοὺς παρα-
δόντας καὶ ἀναγκάζοντας εἰσπράττειν, ἢ ἀποδιδόναι

« Only a citizen would be a competent witness. A slave
or an alien would not suffice.

296

AGAINST EVERGUS, 34-37

became valid, I approached this man Evergus, the
brother of Theophemus, since I was unable to see
Theophemus ; and having the decree in my hand I
first demanded the return of the equipment, and bade
him inform Theophemus ; then, after allowing a few
days to pass, since he refused to return the equipment,
but only jeered at me, I took some witnesses with me,
and asked him whether he had divided the estate with
his brother, or whether their property was held in
common. On Evergus’s answering me that it had been
divided and that Theophemus lived in a house by
himself, but that he (Evergus) lived with his father,
I thus learned where Theophemus lived, and taking
with me a servant from the magistrates, I went to
Theophemus’s house. As I did not find him at home,
I bade the woman who answered the door to go
and fetch him wherever he might be. This was the
woman, whom, according to the depositions of these
men, Theophemus offered to deliver up, but whom,
after repeated demands, I cannot get from him, that
you might learn the truth as to which party began
the assault. But when Theophemus came in, after
the woman had gone to fetch him, I asked for the
inventory of the equipment, telling him that I was
now on the point of sailing ; and I showed him the
decree of the senate. When, on my saying this, he
refused to give it up, but began to threaten me and
abuse me, I bade the boy eal in from the street any
citizens * whom he might see passing by, that I might
have them as ππξοεις to what was said, and I again
made demand upon Theophemus either to go with me
himself to the despatching board and the senate, and,
if he denied that he was liable, to convince those who
had given over the names and compelled us to seek

207

DEMOSTHENES

\ / > \ / ’ / ” / Vg
τὰ σκεύη: εἰ δὲ μή, ἐνέχυρα ἔφην λήψεσθαι κατά TE
\ / \ \ / > \ 3.9 /
τοὺς νόμους Kal τὰ ψηφίσματα. οὐδὲν δ᾽ ἐθέλοντος
αὐτοῦ τῶν δικαίων ποιεῖν, ἦγον τὴν ἄνθρωπον
ς A ~ ~
ἑστηκυῖαν ἐπὶ τῇ θύρᾳ, τὴν μετελθοῦσαν αὐτόν.
38 A « Θ ih / ib -“- \ > \ pe \
καὶ 0 Θεόφημός με ἀφῃρεῖτο, Kat ἐγὼ τὴν μὲν
ἄνθρωπον ἀφῆκα, εἰς δὲ τὴν οἰκίαν εἰσήειν, ἵνα
ἐνέχυρόν τι λάβοιμι τῶν σκευῶν: ἔτυχε γὰρ ἡ
/ 3 / ¢ ὩΣ «ς / \ ”
θύρα ἀνεῳγμένη, ws ἦλθεν 6 Θεόφημος, Kai ἔτι
ἔμελλεν εἰσιέναι: καὶ ἐπεπύσμην αὐτὸν ὅτι οὐκ
εἴη γεγαμηκώς. εἰσιόντος δέ μου παίει πὺξ ὁ
Θεόφημος τὸ στόμα, καὶ ἐγὼ ἐπιμαρτυράμενος
89 τοὺς παρόντας ἠμυνάμην. ὡς οὖν ἀληθῆ λέγω,
WS ~ > / ¢ / > ΝΜ
καὶ ἦρξε χειρῶν ἀδίκων 6 Θεόφημος, οὐκ ἄλλοθεν
δεῖν οἶμαι τὸν ἔλεγχον γενέσθαι ἢ ἐκ τῆς ἀνθρώπου,
e €
ἣν μεμαρτυρήκασιν οὗτοι οἱ μάρτυρες ws ἤθελεν ὁ
/ / / \ ~ /
[1151] Θεόφημος παραδιδόναι. ταύτῃ δὲ TH μαρτυρίᾳ,
πρότερος εἰσελθὼν εἰς τὸ δικαστήριον, οὐ παρα-
γραφομένου ἐμοῦ οὐδ᾽ ὑπομνυμένου, διὰ τὸ καὶ
/ / 5.13 « / / ~ / 4
πρότερόν ποτε ἐφ᾽ ἑτέραις δίκαις ταῦτά με βλάψαι,
ἐξηπάτησε τοὺς δικαστὰς λέγων, ovs μὲν ἐγὼ
παρειχόμην μάρτυρας, τὰ ψευδῆ μαρτυρεῖν, τὴν
δὲ ἄνθρωπον ἐρεῖν τὰς ἀληθείας βασανιζομένην.
ζ ~ ~ A 2
40 οἷς δὲ τότε KATEXPWVTO λόγοις, νῦν αὐτοῖς ἐξ-
ἐλέγχονται ὑπεναντία ποιοῦντες" τὴν γὰρ ἄνθρωπον
> / ~ / 3 / ε
οὐ δύναμαι παραλαβεῖν πολλάκις ἐξαιτήσας, ὡς
μεμαρτύρηται ὑμῖν. ἐπειδὴ τοίνυν τὴν ἄνθρωπον
οὐ παραδιδόασιν, ἣν αὐτοὶ ἔφασαν προκαλέσασθαι,

« Hence the speaker felt at liberty to enter the apartment.
298

AGAINST EVERGUS, 37-40

to recover what was due, or else to pay back the
equipment ; otherwise, I declared that I should take
goods as security in accordance with the laws and the
decrees. Since he was not willing to do anything that
was right, I started to lead away ane woman who was
standing by the door, the same one who had gone to
fetch him. He seized her to prevent me, and 1 let go
of the woman, but proceeded to enter the house to
take some security for the equipment due ; for the
door, as it happened, had been opened when Theo-
phemus came, and he had not yet gone in. I had
already informed myself that he was not married.?
As I was going in Theophemus struck me on the mouth
with his “fist, and I, calling upon those who were
present to bear witness, returned the blow. Now
the proof that what I am saying is true, and that
Theophemus began the assault, needs, I think,
nothing else for its establishment than the testimony
of the woman whom these witnesses have stated that
Theophemus was ready to deliver up. By means of
this testimony Theophemus, whose case came first
into court, seeing that I did not enter a special plea or
an affidavit for delay, since these measures had once
been a disadvantage to me in a former suit, deceived
the jurors, saying that the witnesses whom 1 had
brought forward gave false testimony, but that this
woman would tell the truth if she were put to the
torture. But their actions now are shown to be the
very opposite of the language which they then used
with such insistence ; ; for I am unable to get the
woman for examination despite repeated demands, as
has been stated to you by witnesses. Since, therefore,
they refuse to deliver up the woman, whom they
themselves declare that I was challenged to receive,

299

DEMOSTHENES

βούλομαι ὑμῖν καὶ τοὺς μάρτυρας παρασχέσθαι,
ot εἶδόν με πρότερον πληγέντα ὑπὸ τοῦ Θεοφήμου.
ἡ δ᾽ αἴκεια τοῦτ᾽ ἔστιν, ὃς ἂν ἄρξῃ χειρῶν ἀδίκων,
ἄλλως τε καὶ κατὰ τὸν νόμον καὶ κατὰ τὰ ψηφί-
σματα τὰ ὑμέτερα εἰσπράττοντα.

Καί μοι ἀνάγνωθι τὰ ψηφίσματα καὶ τὴν
μαρτυρίαν.

ΨΗΦΙΣΜΑΤΑ. ΜΑΡΤΥΡΙΑ

3 \ / > / A > Mea ε \ ~
4 ᾿Βἰπειδὴ τοίνυν ἀφῃρέθην τὰ ἐνέχυρα ὑπὸ τοῦ
/ \ τ > \ > Ἁ \
Θεοφήμου καὶ συνεκόπην, ἐλθὼν εἰς τὴν βουλὴν
τάς τε πληγὰς ἔδειξα καὶ ἃ πεπονθὼς ἦν εἶπον,
καὶ ὅτι εἰσπράττων τῇ πόλει τὰ σκεύη. ἀγανα-
, une ἌΞΕΙΣ ere See , \
κτήσασα δ᾽ ἡ βουλὴ ἐφ οἷς ἐγὼ ἐπεπόνθειν, καὶ
ἰδοῦσά με ὡς διεκείμην, καὶ ἡγησαμένη ὑβρίσθαι
οὐκ ἐμέ, ἀλλ᾽ ἑαυτὴν καὶ τὸν δῆμον τὸν ψηφισά-
μενον καὶ τὸν νόμον τὸν ἀναγκάσαντα εἰσπράττειν
42 τὰ σκεύη, ἐκέλευεν εἰσαγγέλλειν με, καὶ τοὺς
πρυτάνεις προγράφειν αὐτῷ τὴν κρίσιν ἐπὶ δύο
[1152] ἡμέρας ὡς ἀδικοῦντι καὶ διακωλύοντι τὸν ἀπό-
στολον, διότι τὰ σκεύη οὐκ ἀπεδίδου καὶ τὰ ἐνέχυρα
ἀφείλετο καὶ ἐμὲ συνέκοψε τὸν εἰσπράττοντα καὶ
ὑπηρετοῦντα τῇ πόλει. γενομένης τοίνυν τῆς
κρίσεως τῷ Θεοφήμῳ ἐν τῇ βουλῇ κατὰ τὴν εἰσαγ-

λί a“ “9 \ > / τ δὴ ε \ > ὃ θέ λό
γελίαν ἣν ἐγὼ εἰσήγγειλα, καὶ ἀποδοθέντος λόγου

ς / \ / / ~

ἑκατέρῳ, καὶ κρύβδην διαψηφισαμένων τῶν Bov-

« Since the entire senate of five hundred members could
not always meet as a whole, the fifty members from each tribe
served in turn (the order being determined by lot) as a sort
of executive committee for one-tenth of the year, the pre-
siding officer for the day being chosen from their number.
These groups were called the prytanes.

300

AGAINST EVERGUS, 40-42

I desire to call before you the witnesses who saw
Theophemus deal me the first blow. And this is what
constitutes assault, when a man commits the first act
of violence, especially when he strikes one who is
seeking to exact payment in accordance with the laws
and your decrees.

(To the clerk.) Please read the decrees and the
deposition.

Tue Decrees. THE DEposIrIon

So when the pledge which I had seized had been
taken from me by Theophemus, and I had been
beaten, I went to the senate and showed them the
marks of the blows, and told them how I had been
treated, and also that it was while I was seeking to
collect for the state the ship’s equipment. The
senate, angered at the treatment which I had received
and seeing the plight that I was in, thinking, too, that
the insult had been offered, not to me, but to itself and
the assembly which had passed the decree and the law
which compelled us to exact payment for the equip-
ment,—the senate, I say, ordered me to prefer an
impeachment, and that the prytanes 7 should give
Theophemus two days’ notice of trial on a charge of
breaking the law and of impeding the fleet’s departure,
charging further that he had refused to return the
ship’s equipment and had taken from me the pledge
which I had seized, and beaten me when I was seeking
to collect what was due and was performing my duty
to the state. Well, then, the trial of Theophemus
came on before the senate in accordance with the
impeachment which I had preferred ; and after both
sides had been heard and the senators had cast their

301

DEMOSTHENES

λευτῶν, ἑάλω ἐν τῷ βουλευτηρίῳ καὶ ἔδοξεν
c «
> - \ 5, A > ~ ~ Sp ε
48 ἀδικεῖν. καὶ ἐπειδὴ ἐν τῷ διαχειροτονεῖν ἦν ἡ
/ / / / Ἃ /
βουλή, πότερα δικαστηρίῳ παραδοίη ἢ ζημιώσειε
ταῖς πεντακοσίαις, ὅσου ἦν κυρία κατὰ τὸν νόμον,
δεομένων τούτων ἁπάντων καὶ ἱκετευόντων καὶ
τίνα οὐ προσπεμπόντων, καὶ τὸ διάγραμμα τῶν
~ > / > A > ~ ~ \ \
σκευῶν ἀποδιδόντων εὐθὺς ἐν τῇ βουλῇ, καὶ περὶ
a κι , > , a oN ,
τῶν πληγῶν φασκόντων ἐπιτρέψειν ᾧ av κελεύσω
σ ~
᾿Αθηναίων, συνεχώρησα ὥστε τῷ Θεοφήμῳ πέντε
καὶ εἴκοσι δραχμῶν προστιμηθῆναι.
44 Kai ταῦτα ὡς ἀληθῆ λέγω, ὑμῶν τε δέομαι ὅσοι
iP ar Oe a) -
ἐβούλευον ἐπ᾽ ᾿Αγαθοκλέους ἄρχοντος φράζειν τοῖς
/ \ Ὁ > / > \ > a
παρακαθημένοις, καὶ ὅσους ἠδυνάμην ἐγὼ ἐξευρεῖν

~ / / / Cae /
τῶν τότε βουλευόντων, μάρτυρας ὑμῖν παρέξομαι.
MAPTYPIAI

> A \ / “ 4. Μ ᾿ , >
Εγὼ μὲν τοίνυν οὕτως, ὦ ἄνδρες δικασταί, ἐπι-
\ 3 / \ / / / /
εικὴς ἐγενόμην πρὸς τούτους. καίτοι TO ye ψήφι-
,ὔ \ > / > / τΣ > /
σμα δημοσίαν τὴν οὐσίαν ἐκέλευεν εἶναι, οὐ μόνον
ὃ μ Ε / \ > ὃ ὃ ~ ~ 5A LAA \ \
ς av ἔχων σκεύη μὴ ἀποδιδῷ τῇ πόλει, ἀλλὰ Kai
“a av ἰδί Ψ, \ ~ / A e1
ὃς ἂν ἰδίᾳ κτησάμενος μὴ πωλῇ: τοιαύτη yap ἡ
> / ~ ~
ἀπορία οὖσα συνέβαινε τότε ἐν TH πόλει σκευῶν.

1 ἡ is bracketed by Blass.

2 The text would naturally mean an additional fine, but
the speaker is emphasizing his reasonableness in his treat-

302

AGAINST EVERGUS, 42-44

votes secretly, he was convicted in the senate-
chamber and adjudged to be guilty. And when the
senate was going into a division on the question
whether it should remand him to a jury-court or
sentence him to a fine of five hundred drachmae, the
highest penalty which the law allowed it to toil
while all these men were making pleas and entreaties
and sending any number of people to intercede for
them, and offering us right there in the senate-
chamber the inventory of the equipment due, and
promising to submit the question of the assault to
any one of the Athenians whom I should name, I
consented that a fine of twenty-five drachmae ἢ should
be imposed upon Theophemus.

To prove that I am speaking the truth in this, I beg
all of you who were senators in the archonship ae
Agathocles ὃ to tell the facts to those who sit by you,
anid I will bring before you as witnesses all those
whom I have Been able to find who were senators that
year.

Tue DerposiTions

I, you see, men of the jury, showed myself thus
reasonable toward these men. And yet the decree
ordered the confiscation of the property, not only of
those who had ship’s equipment and did not return it
to the state, but also of anyone who, having such
equipment, refused to sellit ; sucha scarcity of equip-
ment was there in the city at that time.

ment of his opponents. This was shown by his consenting
to a fine of merely 25 drachmae, whereas it might have
been 500 drachmae with confiscation of the defendant’s
property. I think the zpoc- means a fine in addition to the
other charges to which the defendant was already liable.

» This was in 356 B.c.

303

44

45
[1153]

46

47

48

DEMOSTHENES
Kai μοι ἀνάγνωθι τὸ ψήφισμα.
ΨΗΦΙΣΜΑ

, , > ” , ε

Καταπλεύσας τοίνυν, ὦ ἄνδρες δικασταί, ὡς
> \ ” > / € / Α ~
οὐδενὶ ἤθελεν ἐπιτρέπειν ὁ Θεόφημος περὶ τῶν
πληγῶν ὧν τότ᾽ ἔλαβον ὑπ᾽ αὐτοῦ, προσεκαλεσάμην
αὐτὸν καὶ ἔλαχον αὐτῷ δίκην τῆς αἰκείας. ἀντι-
προσκαλεσαμένου δὲ κἀκείνου ἐμέ, καὶ διαιτητῶν
ἐχόντων τὰς δίκας, ἐπειδὴ ἡ ἀπόφασις ἦν τῆς
διαίτης, ὁ μὲν Θεόφημος παρεγράφετο καὶ ὑπ-
WpvuTo, ἐγὼ δὲ πιστεύων ἐμαυτῷ μηδὲν ἀδικεῖν
εἰσήειν εἰς ὑμᾶς. παρασχόμενος δὲ ἐκεῖνος ταύτην
τὴν μαρτυρίαν, ἣν ἄλλος μὲν οὐδεὶς μεμαρτύρηκεν,
€ > > A \ « / - ϑ' Li \ Μ
ὁ δ᾽ ἀδελφὸς καὶ ὁ κηδεστής, ὡς ἐθέλοι τὴν ἀν-
θρωπον παραδοῦναι, καὶ προσποιούμενος ἄκακος
εἶναι, ἐξηπάτησε τοὺς δικαστάς. δέομαι δ᾽ ὑμῶν
νυνὶ δικαίαν δέησιν, ἅμα μὲν δικάσαι περὶ τῆς

/ / / > a“ 5 / a \

μαρτυρίας, πότερα ψευδής ἐστιν ἢ ἀληθής, ἅμα δὲ
περὶ τοῦ πράγματος ἐξ ἀρχῆς σκέψασθαι. ἐγὼ
μὲν τοίνυν, εἰς ἃ οὗτος κατέφυγε τότε δίκαια, ἐκ
τούτων οἶμαι δεῖν τὸν ἔλεγχον γενέσθαι, ἐκ τῆς
ἀνθρώπου βασανιζομένης, ὁπότερος ἦρξε χειρῶν
ἀδίκων: τοῦτο γάρ ἐστιν ἡ αἴκεια. καὶ τοὺς μάρ-
τυρας διὰ τοῦτο διώκω τῶν ψευδομαρτυριῶν, ὅτι
> / > /, ᾽ὔ \ ᾽7ὔ
ἐμαρτύρησαν ἐθέλειν παραδιδόναι τὸν Θεόφημον
τὴν ἄνθρωπον, οὐδαμοῦ τὸ σῶμα παραδιδόντος οὔτε
τότε πρὸς τῷ διαιτητῇ οὔτε ὕστερον, πολλάκις
ἐμοῦ ἐξαιτήσαντος. διπλῆν οὖν αὐτοὺς δεῖ δίκην
δοῦναι, ὅτι τε ἐξηπάτησαν τοὺς δικαστὰς ψευδεῖς
904

AGAINST EVERGUS, 44-48
(To the clerk.) Read the decree, please.

Tue DeEcREE

When 1 had come back from my voyage, men of 45
the jury, as Theophemus refused to refer to anyone
the matter of the blows which he had dealt me, I
summoned him, and began an action against him for
assault. He summoned me in a cross-action, and
while the arbitrators had the causes before them,
and the time came for making the award, he put ina
special plea and an affidavit for postponement ; I,
however, being conscious that I had done no wrong,
came in for trial before your court. ‘Theophemus, by 46
bringing this testimony to which no one else has
deposed, but only his brother and his brother-in-law,
to the effect that he was willing to deliver up the
woman, and by pretending to be a man without
guile, deceived the jurors. But now I make of you a
fair request, both to decide regarding the testimony
whether it is true or false, and at the same time to
consider the whole case from the beginning. I, for 47
my part, hold that the proof should be drawn from
the very course of procedure to which the fellow at
that time fled for refuge, that is, from the examina-
tion of the woman by the torture, to determine which
party struck the first blow; for this is what con-
stitutes assault. And it is for this reason that I am
suing the witnesses for false testimony, because they
deposed that Theophemus was willing to deliver up
the woman, whereas he never would produce her in
person either at that time before the arbitrator or
subsequently, despite my repeated demands. They 48
ought, therefore, to suffer a double punishment, both
Recwae they deceived the jurors by bringing forward

VOL. II Χ 305

[1154]

49

δ0

51

DEMOSTHENES

μαρτυρίας . παρασχόμενοι, κηδεστοῦ καὶ ἀδελφοῦ,
καὶ ὅτι ἐμὲ ἠδίκησαν, λῃτουργοῦντα μὲν ὑμῖν
προθύμως, ποιοῦντα δὲ τὰ προσταττόμενα, ὑπηρε-
τοῦντα δὲ τοῖς νόμοις καὶ τοῖς ψηφίσμασι τοῖς
ὑμετέροις.

« > , > A / / A ~

Qs δ᾽ οὐκ ἐγὼ μόνος παρέλαβον παρὰ τῆς
ἀρχῆς τοῦτον εἰσπράξασθαι σκεύη ὀφείλοντα τῇ

γι > εὖ \ my ~ , ε /
πόλει, ἀλλὰ Kat ἄλλοι τῶν τριηράρχων €ETEpous
εἰσεπράξαντο οὗς παρέλαβον, ἀνάγνωθί μοι αὐτῶν
τὰς μαρτυρίας.

MAPTYPIAI

/ / a »Μ / \ Δ
Βούλομαι τοίνυν, ὦ ἄνδρες δικασταί, καὶ ἃ
», € > > ~ / 4 ~ > A A
πέπονθα ὑπ᾽ αὐτῶν διηγήσασθαι ὑμῖν. ἐπειδὴ yap
“> b) ΄ \ / NS ee \ / ΄
ὦφλον αὐτοῖς τὴν δίκην, ἐφ᾽ 7 τοὺς μάρτυρας τού-
τους διώκω τὰ ψευδῆ μεμαρτυρηκότας, προσελθὼν
΄“΄ / / ” > / ~
τῷ Θεοφήμῳ μελλούσης por ἤδη ἐξήκειν τῆς
ὑπερημερίας, ἐδεήθην αὐτοῦ ἐπισχεῖν μοι ὀλίγον
χρόνον, λέγων τὰς ἀληθείας, ὅτι πεπορισμένου τοῦ
3 / Δ ” > ~ > / / /
ἀργυρίου ὃ ἔμελλον αὐτῷ ἐκτίνειν συμβέβηκέ μοι
τριηραρχία, καὶ ἀποστέλλειν διὰ τάχους δεῖ τὴν
τριήρη, καὶ ὁ στρατηγὸς ᾿Αλκίμαχος αὑτῷ παρα-
σκευάζειν κελεύει ταύτην τὴν ναῦν" τὸ οὖν ἀργύριον
τὸ πεπορισμένον τῷ Θεοφήμῳ ἀποδοῦναι ἐνταῦθα
« «
/ > / > > ~ > /
κατεχρησάμην. ἐδεόμην δ᾽ αὐτοῦ ἀναβαλέσθαι
τὴν ὑπερημερίαν, ἕως ἂν τὴν ναῦν ἀποστείλω. ὁ

\ ¢ / \ > / > / ce >? \
δὲ ῥᾳδίως μοι Kal ἀκάκως ἀποκρίνεται" “᾿ οὐδὲν
a “52. es Ὁ γάνος ΔῈ] > \ ~ > /
κωλύει,᾽᾽ ἔφη" “᾿ ἀλλ᾽ ἐπειδαν τὴν ναῦν ἀποστείλῃς,
πόριζε καὶ ἐμοί. ἀποκριναμένου δέ μοι ταῦτα

906

AGAINST EVERGUS, 48-51

false testimony—that of the brother-in-law and the
brother—, and because they wronged me while I was
zealously performing a public service, doing what the
state commanded me, and obeying your laws and
your decrees.

Now to prove to you that I was not the only one
thus commissioned, when I received from the magis-
trates the name of this man with orders to exact
from him the equipment which he owed to the state,
but that others of the trierarchs took such measures
against others whose names they had received, (to the
clerk) read, please, their depositions.

THe DeEposIrions

I wish now, men of the jury, to set forth before you
the treatment with which I have met at their hands.
For when I had lost to them the suit in which the
witnesses gave the false testimony for which I am
suing them, and the time for paying the judgement
was about to expire, I came up to Theophemus and
begged him to oblige me by waiting a little while,
telling him what was true, that although I had got
together the money which I was going to pay him, a

trierarchy had fallen to my lot, and it was necessary 5

to despatch the trireme with all speed, and that
Alcimachus, the general, had ordered me to furnish
this ship for his own use; the money, therefore,
which I had got together to pay Theophemus, I had
to use up for this purpose. So I asked him to extend
the time of payment until I should have sent off the
ship. And he answered me quite readily and guile-
lessly : “‘ There is no objection to that,” he said,
“but, when you shall have despatched the ship,
also bring the money to me.’’ When Theophemus

307

51

[1155]

62

53

DEMOSTHENES

τοῦ Θεοφήμου καὶ ἀναβαλομένου τὴν ὑπερημερίαν,
καὶ μάλιστά μου πιστεύσαντος τῇ τε ἐπισκήψει
τῶν ψευδομαρτυριῶν καὶ τῷ μὴ ἐθέλειν αὐτὸν
παραδοῦναι τὴν ἄνθρωπον, ὡς οὐδὲν ἂν νεωτερί-
σαντος περὶ Tapa, ἐγὼ μὲν τὴν τριήρη ἀποστείλας,
οὐ πολλαῖς ἡμέραις ὕστερον πορίσας τὸ ἀργύριον,
προσελθὼν αὐτῷ ἐκέλευον ἐπὶ τὴν τράπεζαν ἀκο-
λουθοῦντα κομίζεσθαι τὴν καταδίκην.

‘Qs δὲ ταῦτ᾽ ἀληθῆ λέγω, τούτων ὑμῖν ava-
γνώσεται τὰς μαρτυρίας.

MAPTYPIAI

‘O δὲ Θεόφημος ἀντὶ τοῦ τὴν καταδίκην ἀπο-
5 / >? \ ¥ / 2 /
λαβειν ἀκολουθήσας ἐπὶ τὴν τράπεζαν, ἐλθών μου
τὰ πρόβατα λαμβάνει ποιμαινόμενα πεντήκοντα
μαλακὰ καὶ τὸν ποιμένα μετ᾽ αὐτῶν καὶ πάντα τὰ
ἀκόλουθα τῇ ποίμνῃ, ἔπειτα παῖδα διάκονον
ὑδρίαν χαλκῆν ἀποφέροντα ἀλλοτρίαν ἠτημένην,
πολλοῦ ἀξίαν. καὶ ταῦτα ἔχουσιν οὐκ ἐξήρκεσεν
αὐτοῖς- ἀλλ᾽ ἐπεισελθόντες εἰς τὸ χωρίον (γεωργῶ
δὲ πρὸς τῷ ἱπποδρόμῳ, καὶ οἰκῶ ἐνταῦθ᾽ ἐκ
μειρακίου) πρῶτον μὲν ἐπὶ τοὺς οἰκέτας ἦξαν, ὡς
δὲ οὗτοι διαφεύγουσιν αὐτοὺς καὶ ἄλλος ἄλλῃ
ἀπεχώρησαν, ἐλθόντες πρὸς τὴν οἰκίαν καὶ ἐκ-
βαλόντες τὴν θύραν τὴν εἰς τὸν κῆπον φέρουσαν
(Εὐεργός τε οὑτοσὶ ὁ ἀδελφὸς ὁ Θεοφήμου καὶ
/ « \ > ~ cM > / /

Μνησίβουλος ὁ κηδεστὴς αὐτοῦ, οἷς οὐδεμίαν δίκην
ὠφλήκειν οὐδὲ προσῆκεν αὐτοὺς ἅπτεσθαι τῶν
ἐμῶν οὐδενός), εἰσελθόντες ἐπὶ τὴν γυναῖκά μου

\ \ / > / 4 ” € / /
Kal Ta παιδία ἐξεφορήσαντο ὅσα ἔτι ὑπόλοιπά μοι

2 'This was an unpardonable outrage.

308

AGAINST EVERGUS, 51-53

had given me this answer and had extended the time
of payment, and especially because I relied upon my
impeachment for false testimony and his unw illing-
ness to deliver up the woman, and so thought he
would take no violent measures in my affair, I des-
patched the trireme, and a few days later, having
got the money together, I approached him and pede
Soo to go with me to the bank to receive the amount
of his judgement.

To prove that I am speaking the truth in this, the
clerk shall read you the depositions regarding these
matters.

Tue Deposirions

Theophemus, however, instead of going with me
to the bank and receiving the amount of his judge-
ment, went and seized fifty soft-woolled sheep of
mine that were grazing and with them the shepherd
and all that belonged to the flock, and also a serving-
boy who was carrying back a bronze pitcher of great

value which was not ours, but had been borrowed.
And they were not content with having these, but
went on to my farm (I have a piece of land near the
Hippodrome, and have lived there since my boyhood),
and first they made a rush to seize the household
slaves, but since these escaped them and got off one
here and another there, they went to the house, and
bursting open the gate which led into the garden
(these were this man Evergus, the brother of Theo-
phemus, and Mnesibulus, his brother- -in-law, who had
won no judgement against me, and who had no right
to touch anything that was mine)—these men, I say,”
entered into the presence of my wife and children
and carried off all the furniture that was still left

309

DEMOSTHENES

> / 5 ~ ceed ” A \ > ~
δάην σκεύη EV ΤΊ OLKLA. WOVTO μεν yap οὐ τοσαῦτα

δῦ

[1156]

56

57

μόνον λήψεσθαι, ἀλλὰ πολλῷ πλείω, THY γὰρ
οὖσάν μοι ποτὲ κατασκευὴν τῆς οἰκίας κατα-
λήψεσθαι: ἀλλ᾽ ὑπὸ τῶν λῃτουργιῶν καὶ τῶν εἰσ-
φορῶν καὶ τῆς πρὸς ὑμᾶς φιλοτιμίας τὰ μὲν ἐνέχυρα
κεῖται αὐτῶν, τὰ δὲ πέπραται. ὅσα δ᾽ ἦν ἔτι
ὑπόλοιπα, πάντα λαβόντες ᾧχοντο. πρὸς δὲ τού-
τοις, ὦ ἄνδρες δικασταί, ἔτυχεν ἡ γυνή μου μετὰ
τῶν παιδίων ᾿ἀριστῶσα ἐν τῇ αὐλῇ, καὶ μετ᾽ αὐτῆς
τιτθή τις ἐμὴ γενομένη πρεσβυτέρα ἄνθρωπος
εὔνους καὶ πιστὴ καὶ ἀφειμένη ἐλευθέρα ὑπὸ τοῦ
πατρὸς τοῦ ἐμοῦ. συνῴκησε δὲ ἀνδρί, ἐπειδὴ
ἀφείθη ἐλευθέρα: ὡς δὲ οὗτος ἀπέθανε καὶ αὐτὴ
γραῦς ἦν καὶ οὐκ ἦν αὐτὴν ὁ ᾿θρέψων, ἐπανῆκεν
ὡς ἐμέ. ἀναγκαῖον οὖν ἦν μὴ περιϊδεῖν ἐνδεεῖς
ὄντας μήτε τιτθὴν γενομένην μήτε παιδαγωγόν"
ἅμα δὲ καὶ τριηραρχῶν ἐξέπλεον, ὥστε καὶ τῇ
γυναικὶ βουλομένῃ ἦν τοιαύτην οἰκουρὸν μετ᾽ αὐτῆς
με καταλιπεῖν. ἀριστώντων δὲ ἐν τῇ αὐλῇ, ὡς
ἐπεισπηδῶσιν οὗτοι καὶ καταλαμβάνουσιν αὐτὰς
καὶ ἥρπαζον τὰ σκεύη, αἱ μὲν ἄλλαι θεράπαιναι
(ἐν τῷ πύργῳ γὰρ ἦσαν, οὗπερ διαυιτῶνται) ὡς
ἤκουσαν κραυγῆς, κλείουσι τὸν πύργον, καὶ ἐν-
ταῦθα μὲν οὐκ εἰσῆλθον, τὰ δ᾽ ἐκ τῆς ἄλλης οἰκίας
ἐξέφερον σκεύη, ἀπαγορευούσης τῆς γυναικὸς μὴ
ἅπτεσθαι αὐτοῖς, καὶ λεγούσης ὅτι αὐτῆς εἴη ἐν
τῇ προικὶ τετιμημένα καὶ ὅτι | τὰ πρόβατα ἐ ἔχετε
πεντήκοντα καὶ τὸν παῖδα καὶ τὸν ποιμένα,
πλείονος ἄξια ἢ κατεδικάσασθε ᾿᾿- ἀπήγγειλε γάρ
τις αὐταῖς τῶν γειτόνων κόψας τὴν θύραν. ἔτι δὲ
ἔφη τὸ ἀργύριον αὐτοῖς κειμενον εἶναι ἐπὶ τῇ

310

AGAINST EVERGUS, 54-57

in the house. They thought to get, not so much 54
merely, but far more, for they expected to find the
stock of household furniture which I formerly had ;
but because of my public services and taxes and my
liberality toward you, some of the furniture is lying
in pawn, and some has been sold. All that was left,
however, they took away with them. More than 55
this, men of the jury, my wife happened to be lunch-
ing with the children in the court and with her was
an elderly woman who had been my nurse, a devoted
soul and a faithful, who had been set ee by my
father. After she had been given her freedom she
lived with her husband, but after his death, when she
herself was an old woman and there was nobody
to care for her, she came back to me. I could not 56
suffer my old nurse, or the slave who attended me as
a boy, to live in want; at the same time I was about
to sail as trierarch and it was my wife’s wish that I
should leave such a person to live in the house with
her. They were lunching in the court when these
men burst in and found ‘them there, and began to
seize the furniture. The rest of the female slaves
(they were in a tower room where they live), when
they heard the tumult, closed the door leading to
the tow er, so the men did not get in there; but they
carried off the furniture from ine rest of the house,
although my wife forbade them to touch it, and de- 57
clared that it was her property, mortgaged to secure
her marriage portion ; she said to them also, “* You
have the fifty sheep, the serving boy, and the
shepherd, whose value is in excess of the amount of
your judgement ”’ (for one of the neighbours knocked
at the door and told her this). Furthermore she told
them that the money was lying at the bank for them,

311

58

60

61

DEMOSTHENES

τραπέζῃ" ἠκηκόει γὰρ ἐμοῦ' Ἧ κἂν περιμείνητε,᾽

ἔφη, “᾿ ἢ μετέλθῃ τις ὑμῶν αὐτόν, ἔχοντες ἄπιτε τὸ
ἀργύριον ἤδη: τὰ δὲ σκεύη ἐᾶτε, καὶ μηδὲν τῶν
ἐμῶν φέρετε, ἄλλως τε καὶ ἔχοντες ἄξια τῆς κατα-
δίκης.᾽ ταῦτα δὲ λεγούσης τῆς γυναικὸς οὐχ
ὅπως ἐπέσχον, ἀλλὰ καὶ τῆς τιτθῆς. τὸ κυμβίον
λαβούσης παρακείμενον αὐτῇ, ἐξ οὗ ἔπινε, καὶ
ἐνθεμένης εἰς τὸν κόλπον, ἵνα μὴ οὗτοι λάβοιεν,
ἐπειδὴ εἶδεν ἔνδον ὄντας αὐτούς, κατιδόντες αὐτὴν
οὕτω διέθεσαν ἀφαιρούμενοι τὸ κυμβίον Θεόφημος
καὶ Evepyos ἁδελφὸς αὐτοῦ οὑτοσί, ὥστε ὕφαιμοι
μὲν ot βραχίονες καὶ οἱ καρποὶ τῶν χειρῶν αὐτῆς
ἐγένοντο ἀποστρεφομένης τὼ χεῖρε καὶ ἑλκομένης
ὑπὸ τούτων ἀφαιρουμένων τὸ κυμβίον, ἀμυχὰς δ᾽
ἐν τῷ τραχήλῳ εἶχεν ἀγχομένη, πελιὸν δὲ τὸ
στῆθος. εἰς τοῦτο δ᾽ ἦλθον πονηρίας, ὥστε, ἕως
ἀφείλοντο τὸ κυμβίον ἐκ τοῦ κόλπου αὐτῆς, οὐκ
ἐπαύσαντο ἄγχοντες καὶ τύπτοντες τὴν γραῦν.
ἀκούοντες δὲ οἵ θεράποντες τῶν γειτόνων τῆς
κραυγῆς καὶ ὁρῶντες τὴν οἰκίαν πορθουμένην τὴν

ἐμήν, οἱ μὲν ἀπὸ τῶν τεγῶν τῶν ἑαυτῶν ἐκαλί-
στρουν τοὺς παριόντας, οἱ δὲ καὶ εἰς τὴν ἑτέραν
ὁδὸν ἐλθόντες καὶ ἰδόντες ᾿Αγνόφιλον παριόντα
ἐκέλευσαν παραγενέσθαι. προσελθὼν δὲ 6 ᾿Αγνό-
φιλος προσκληθεὶς ὑπὸ τοῦ θεράποντος τοῦ ᾿Αν-
θεμίωνος, ὃς ἐστί μοι γείτων, εἰς μὲν τὴν οἰκίαν οὐκ
εἰσῆλθεν (οὐ γὰρ ἡγεῖτο δίκαιον εἶναι μὴ παρόντος
γε τοῦ κυρίου), ἐν δὲ τῷ τοῦ ᾿Ανθεμίωνος χωρίῳ
ὧν ἑώρα τά τε σκεύη ἐκφερόμενα καὶ Βύεργον. καὶ
Θεόφημον ἐξιόντας ἐκ τῆς ἐμῆς οἰκίας. οὐ μόνον
τοίνυν, ὦ ἄνδρες δικασταί, λαβόντες μου τὰ σκεύη

312

AGAINST EVERGUS, 57-61

for she had heard me say so. “And, if you will
wait here,” she said, “ or if one of you will go after
him, you shall take the money back with you at
once; but let the furniture alone, and do not carry
off anything that is mine—especially since you have
the full value of your judgement.”’ But although 58
my wife spoke in this way, they not only did not
desist, but when the nurse took the cup which was
set by her and from which she had been drinking,
and put it in her bosom to prevent these men from
taking it, when she saw that they were in the house,
Theophemus and Evergus, this brother of his,
observing her, treated her so roughly in taking the
cup from her that her arms and wrists were cov ane. 59
with blood, as they wrenched her arms and pulled
her this way and that in taking the cup from her,
and she had lacerations on her throat, where they
strangled her, and her breast was black and blue.
And they pushed their brutality to such extremes,
that they did not stop throttling and beating the old
woman, until they had taken the cup from her bosom.
The servants of the neighbours, hearing the tumult 60
and seeing that my house was being pillaged, some
of them called from the roofs of dies own houses to
the people passing by, and others went into the other
street and seeing Hagnophilus passing by, bade him
tocome. Hagnophilus, when he came up, summoned
by a servant of Anthemion, who is a neighbour of
mine, did not enter the Bones (for he thought he
ought not to do so in the absence of the master), but,
standing on Anthemion’s land, saw the furniture being
carried off and Ever gus and Theophemus coming out
of the house. And eo only did they go off w ith my 61
furniture, men of the jury, but they were even on the

313

DEMOSTHENES

” LAAG \ \ εν s e > ,ὔ 7
ᾧχοντο, ἀλλὰ Kal τὸν υἱὸν ἦγον ὡς οἰκέτην, ἕως
τῶν γειτόνων ἀπαντήσας αὐτοῖς “Ἑρμογένης εἶπεν
ὅτι υἱός μου εἴη.
« \ a > > ~ / > / ε cal \
Qs δὲ ταῦτ᾽ ἀληθῆ λέγω, ἀναγνώσεται ὑμῖν τὰς
/
μαρτυρίας.

MAPTYPIAI

62 ᾿Βπειδὴ τοίνυν μοι ἀπηγγέλθη εἰς Πειραιᾶ τὰ
γεγενημένα ὑπὸ τῶν γειτόνων, ἐλθὼν εἰς ἀγρὸν
΄ὔ \ > / / > \ \ A >
τούτους μὲν οὐκέτι καταλαμβάνω, ἰδὼν δὲ τὰ ἐκ
τῆς οἰκίας ἐκπεφορημένα καὶ τὴν γραῦν ὡς
διέκειτο, καὶ ἀκούων τῆς γυναικὸς τὰ γενόμενα,
[1168] προσελθὼν τῷ Θεοφήμῳ τῇ ὑστεραίᾳ ἕωθεν ἐν τῇ
πόλει μάρτυρας ἔχων, ἐκέλευον αὐτὸν πρῶτον μὲν
\ , > , \ > > ibs
τὴν καταδίκην ἀπολαμβάνειν καὶ ἀκολουθεῖν ἐπὶ
τὴν τράπεζαν, ἔπειτα τὴν ἄνθρωπον θεραπεύειν
A τὶ
ἣν συνέκοψαν, καὶ ἰατρὸν εἰσάγειν ὃν αὐτοὶ βού-
63 λοιντο. ταῦτα δέ μου λέγοντος καὶ διαμαρτυρο-
μένου, κακά με πολλὰ εἰπόντες ὁ μὲν Θεόφημος
2. / / \ > ~ \ iy
ἠκολούθει μόλις, διατριβὰς ἐμποιῶν καὶ φάσκων
βούλεσθαι καὶ αὐτός τινας παραλαβεῖν μάρτυρας
~ / ~
(ταῦτα δ᾽ ἔλεγε τεχνάζων τοῦ χρόνον ἐγγενέσθαι),
¢€ 3 a «ς \ > \ > ~ / >
ὁ δ᾽ Evepyos οὑτοσὶ εὐθὺς ἐκ τῆς πόλεως μεθ
« / « / e ~ > A \ > > / \ « /
ἑτέρων ὁμοίων αὑτῷ ἐλθὼν εἰς ἀγρόν, τὰ ὑπόλοιπα
σκεύη, εἴ τινα τῇ προτεραίᾳ ἐν τῷ πύργῳ ἣν καὶ
> ” ” y+ > \ > > \ > \ x
οὐκ ἔτυχεν ἔξω ὄντα, ἐπειδὴ δ᾽ ἐγὼ ἦλθον, διὰ τὴν
χρείαν κατηνέχθη, ἐκβαλὼν τὴν θύραν ἥνπερ καὶ
a ~ 2 a
τῇ προτεραίᾳ ἐξέβαλον κακῶς ἐνεστηκυῖαν, ᾧχετό
A \ ’ὔ e ” / > / +
μου λαβὼν τὰ σκεύη: ᾧ οὔτε δίκην ὠφλήκειν, οὔτε
314

AGAINST EVERGUS, 61-63

point of taking away my son, as though he were a
slave, until Hermogenes, one of my neighbours, met
them and told them that he was my son.

To prove that I am speaking the truth in this,
the clerk shall read you the depositions.

Tue DeEposiIrTions

When, then, the news of what had been done was
brought me in Peiraeus by the neighbours, I went to
the farm, but found that these men had left ; I saw,
however, that the household goods had been carried
off and in what plight the old woman was. My wife
told me what had taken place, so, early next morning,
I approached Theophemus in the city, having wit-
nesses with me, and demanded, first that he accept
payment of the amount of his judgement, and go with
me to the bank, then, that he should provide for the
care of the old woman whom they had beaten, calling
in any physician whom they pleased. While I was
saying this and solemnly protesting against their
actions, they abused me roundly ; then Theophemus
went with me very reluctantly and making much
delay, alleging that he too wished to take witnesses
along with him (this talk was a trick on his part to
gain time); but this fellow Evergus went at once
from the city in company with some others of like
stamp to the farm. The furniture which I had re-
maining—some few pieces which the day before
happened to be in the tower and not outside—had,
after I came home, necessarily been brought down,
and Evergus, forcing open the gate which they had
broken down the day before, and which was scarcely
fastened, carried off my furniture—Evergus, to whom
I owed no judgement, and with whom I had had no

315

63

DEMOSTHENES

/ ey ‘ > ‘ > ὔ > ,

64 συμβόλαιον ἢν μοι ees QUTOV οὐδέν. €KTLVOVTOS
δέ μου TA Θεοφήμῳ, ᾧ ὠφλήκειν τὴν δίκην, ἐπειδὴ
ἐξέτινον πολλῶν παρόντων μαρτύρων χιλίας μὲν
καὶ ἑκατὸν δραχμὰς τὴν καταδίκην, ὀγδοήκοντα

\ \ « \ AV \ ~ \ 7» > \
δὲ Kal ἑκατὸν δραχμὰς" Kal τρεῖς καὶ δύ᾽ ὀβολὼ
τὴν ἐπωβελίαν, τριάκοντα δὲ τὰ πρυτανεῖα (τῶν

\ LAA δὲ > ~ » / Ss λ Ἃ A
yap ἄλλων οὐδὲν αὐτῷ ἐπιτιμίων ὦφλον), λαβὼν
τοίνυν παρ᾽ ἐμοῦ ἐπὶ τῇ τραπέζῃ χιλίας τριακοσίας

is “- 759 > \ i \ / ᾿ / >
δέκα τρεῖς δύ᾽ ὀβολὼ τὸ σύμπαν κεφάλαιον, ἅπαι-
τοῦντος “ἐμοῦ τά τε πρόβατα καὶ τὰ ἀνδράποδα καὶ
τὰ σκεύη ἃ ἡρπάκει μου, οὐκ ἔφη ἀποδώσειν μοι,
εἰ μή τις αὖτον ἀφήσει καὶ τοὺς μετ᾽ αὐτοῦ τῶν

65 ἐγκλημάτων. τς τοὺς μάρτυρας τῶν ψευδομαρ-

[1159] τυριῶν. ταῦτα ὲ ἀποκριναμένου αὐτοῦ, μάρτυρας
μὲν ἐποιησάμην τῆς ἀποκρίσεως τοὺς παρόντας,
τὴν δὲ δίκην ἐξέτεισα, ὑπερήμερον γὰρ οὐκ μην

7 > \ 5 ” > 2999 =» >
δεῖν ἐμαυτὸν εἶναι. Evepyov δ᾽ οὐδ ἤδειν εἰσελη-

/ > \ > / / ~ Σ / > >
λυθότα μου εἰς τὴν οἰκίαν ταὐτῃ τῇ ἡμέρᾳ, ἀλλ

, / € / > / \ 4 « /
QUTLKA ἢ δίκη ἐξετέτειστο, Kal εἶχεν ὁ Θεόφημος
τά τε πρόβατα καὶ τὰ ἀνδράποδα καὶ τὰ σκεύη

A » Ss /, / A ,ὔ
καὶ ἄγγελος ἦλθέ μοι λιθοκόπος τις, τὸ πλησίον
μνῆμα ἐργαζόμενος, ὅτι πάλιν οἴχεται Βύεργος τὰ
ὑπόλοιπα μου σκεύη, τὰ TH προτεραίᾳ περιγενόμενα,
ἐκφορήσας ἐκ τῆς οἰκίας: πρὸς ὃν οὐδέν μοι
πρᾶγμα ὯΝ ~ / A a ~ A ,ὔ

06 “ὥς οὖν ἀληθῆ λέγω, καὶ ὅτι τῇ μὲν προτεραίᾳ
εἰλήφεσάν μου τὰ ἐνέχυρα, τῇ δ᾽ ὑστεραίᾳ ἐκο-
μίσαντο τὸ ἀργύριον παρ᾽ ἐμοῦ (καίτοι πῶς ἂν,
εἰ μὴ πεπορισμένον τε ἣν καὶ ἐπηγγέλκειν αὐτοῖς,
εὐθὺς av ἀπέλαβον;). καὶ πάλιν αὐθημερὸν εἰσελη-

The words τὴν καταδίκην... δραχμὰς, lacking in the
mss., were supplied by Boeckh.

316

AGAINST EVERGUS, 64-66

business transaction whatever. On my making full 64

payment to Theophemus to whom I owed the judge-
ment, when I had paid him in the presence of many
witnesses eleven hundred drachmae, the amount of
the judgement, one hundred and_ eighty-three
drachmae two obols for the fine of one-sixth of that
sum, and thirty drachmae for court fees (1 owed him
nothing in the w ay of other penalties)—when, I say,
he had received from me at the bank one thousand
three hundred and thirteen drachmae two obols, the
total amount, on my demanding the return of the
sheep and the slaves and the furniture of which he
had robbed me, he declared that he would not return
them to me unless I should release him and his
associates from all claims, and the witnesses from the
suit for false testimony. When he had given me
this reply, I called upon those present to be witnesses
to his answer, but I paid him the judgement, for I did
not think it best to be in default. As for Evergus, I
did not know that he had gone to my house on that
day, but as soon as the judgement had been paid,
while Theophemus still had the sheep and the slaves
and the furniture, a stone-cutter, who was working on
the monument near by, came to bring me word that
Evergus had carried off from the house the rest of
my furniture—that, namely, which had remained
untouched the day before,—Evergus, with whom |
had nothing whatever to do.

To prove that I am speaking the truth, that on the
day before they had taken from me goods as security,
and that the next day they recovered the money from
me (and yet, if the money had not been got together
and I had not given them notice, how, pray, could
they have secur ed immediate payment ?), and that on

317

66

67

[1160]

68

69

DEMOSTHENES

/ ’ \ , , > / A / /
λύθεσαν εἰς τὴν οἰκίαν ἐκτίνοντος τὴν δίκην, τού-
« - >
των ὑμῖν ἀναγνώσεται τὰς μαρτυρίας.
MAPTYPIAI

᾽᾿Επειδὴ τοίνυν, ὦ ἄνδρες δικασταί, ἐπαγγείλαντός
μου αὐτῷ θεραπεύειν τὴν ἄνθρωπον ἣν συνέκοψαν
καὶ ἰατρὸν εἰσάγειν οὐκ ἐφρόντιζεν, ἐγὼ αὐτὸς
εἰσήγαγον ἰατρὸν ᾧ πολλὰ ἔτη “ἐχρώμην, ὃς
ἐθεράπευεν αὐτὴν ἀρρωστοῦσαν, καὶ ἐπέδειξα ὡς
εἶχεν, εἰσαγαγὼν μάρτυρας. ἀκούσας δὲ τοῦ ἰα-
τροῦ ὅτι οὐδὲν ἔτι εἴη ἡ ἄνθρωπος, πάλιν ἑτέρους
μάρτυρας παραλαβὼν τήν τε ἄνθρωπον ἐπέδειξα
ὡς εἶχε, καὶ ἐπήγγειλα τούτοις θεραπεύειν. ἕκτῃ
τοίνυν ἡμέρᾳ ὕστερον ἢ οὗτοι εἰσῆλθον εἰς τὴν
οἰκίαν, ἐτελεύτησεν ἡ τιτθή.

‘Os δὲ ἀληθῆ ταῦτα λέγω, τούτων ὑμῖν ἀναγνώ-
σεται τὰς μαρτυρίας.

ΜΑΡΤΥΡΙΑΙ

᾿Επειδὴ τοίνυν ἐτελεύτησεν, ἦλθον ὡς τοὺς
ἐξηγητάς, ἵνα εἰδείην ὃ τι με χρὴ ποιεῖν περὶ τού-
τῶν, καὶ διηγησάμην αὐτοῖς ἅπαντα τὰ “γενόμενα,
τήν τε ἄφιξιν τὴν τούτων, καὶ τὴν εὔνοιαν τῆς
ἀνθρώπου, καὶ ὡς εἶχον αὐτὴν ἐν τῇ οἰκίᾳ, καὶ
ὡς διὰ τὸ κυμβίον, οὐκ ἀφιεῖσα, τελευτήσειεν.
ἀκούσαντες δέ μου οἱ ἐξηγηταὶ ταῦτα, ἤροντό με
πότερον ἐξηγήσωνταί μοι μόνον ἢ καὶ συμβου-
λεύσωσιν. ἀποκριναμένου δέ μου αὐτοῖς ἀμφό-
τερα, εἶπόν μοι “᾿ ἡμεῖς τοίνυν σοι τὰ μὲν νόμιμα

ἐξηγησόμεθα, τὰ δὲ σύμφορα παραινέσομεν. πρῶ-

2 A traditional, rather than official, body of men from the
old noble families, who alone could interpret the unwritten
laws governing matters of ceremonial and religious observance.

318

AGAINST EVERGUS, 66-69

that very day they had gone again into the house, while
I was paying the money—to prove all this, the clerk
shall read you the depositions.

Tue DepositTions

Since, then, men of the jury, he paid no heed, when
I served notice on him to care for the woman whom
they had beaten and to bring in a physician, I myself
brought in one with whom I had had dealings for many
years, and he cared for her during her illness. I
showed him the plight she was in, and brought wit-
nesses. Hearing from the physician that the woman’s
condition was hopeless, I again took other witnesses,
and pointing out the condition she was in served
notice on these men to care for her. On the sixth
day after these men had come into the house the
nurse died.

To prove that I am speaking the truth in this, the
clerk shall read you the depositions bearing upon
these matters.

Tue Deposirions

Well then, after her death I went to the Inter-
preters ὦ in order to learn what I ought to do in the
matter, and I related to them all that had taken place:
the coming of these men, the devotion of the woman,
why it was that I kept her in my house, and that she
had met her end because she would not surrender the
cup. When the Interpreters had heard all this from
me, they asked me whether they should interpret the
law for me and nothing more, or should also advise
me. On my answering fea “ Both,” they said to
me, “ V. ery well, we will interpret for you ‘the law,
and also give you advice to your profit. In the first

319

67

70

[1161]

71

DEMOSTHENES

\ > ~ / > \ ~ > ~ \
τον μὲν ἐπενεγκεῖν δόρυ ἐπὶ τῇ ἐκφορᾷ, καὶ προ-
~ x
ayopevew ἐπὶ τῷ μνήματι, εἴ τις προσήκων ἐστὶ
~ > ~
τῆς ἀνθρώπου, ἔπειτα TO μνῆμα φυλάττειν ἐπὶ
A « / / \ / / > \
τρεῖς ἡμέρας. τάδε δὲ συμβουλεύομέν σοι’ ἐπειδὴ
᾿] \
αὐτὸς μὲν οὐ παρεγένου, ἡ δὲ γυνὴ Kal τὰ παιδία,
la
ἄλλοι δέ σοι μάρτυρες οὐκ εἰσίν: ὀνομαστὶ μὲν
\ ΄ \
μηδενὶ προαγορεύειν, τοῖς δεδρακόσι δὲ καὶ
΄ τς
κτείνασιν, εἶτα πρὸς τὸν βασιλέα μὴ λαγχάνειν.
> -
οὐδὲ γὰρ ἐν τῷ νόμῳ ἔστι σοι: οὐ γάρ ἐστιν ἐν
/ ¢ », θ > \ / > e A
γένει σοι ἡ ἄνθρωπος, οὐδὲ θεράπαινα, ἐξ ὧν σὺ
ς
λέγεις: οἱ δὲ νόμοι τούτων κελεύουσι τὴν δίωξιν
5 79 > Oe , as Ste
εἶναι. ὥστ᾽ εἰ διομεῖ ἐπὶ Παλλαδίῳ αὐτὸς καὶ ἡ
~ \
γυνὴ Kal Ta παιδία καὶ καταράσεσθε αὑτοῖς καὶ
~ > / ~
τῇ οἰκίᾳ, χείρων τε δόξεις πολλοῖς εἶναι, κἂν μὲν
3 ΄ > > / τ" \ a f
ἀποφύγῃ σ᾽, ἐπιωρκηκέναι, ἐὰν δὲ ἕλῃς, φθονήσει.
> > ~ ~
ἀλλ᾽ ὑπὲρ σεαυτοῦ Kal τῆς οἰκίας ἀφοσιωσάμενος
ξ ta \ \ 7, ΝΜ A w
ws ῥᾷστα τὴν συμφορὰν φέρειν, ἄλλῃ δὲ εἴ πῃ
βούλει, τιμωροῦ.᾽᾿
~ ~ ~ \ A
Ταῦτα ἀκούσας ἐγὼ τῶν ἐξηγητῶν, καὶ τοὺς
~ >’ ~
νόμους ἐπισκεψάμενος τοὺς τοῦ Δράκοντος ἐκ τῆς
/ 5 od \ ~ / a /
στήλης, ἐβουλευόμην peta τῶν φίλων 6 τι χρή
~ \
με ποιεῖν. συμβουλευόντων δέ μοι ταὐτά, ἃ μὲν
~ ~ ~ >
ὑπὲρ τῆς οἰκίας προσῆκέ μοι πρᾶξαι καὶ a ἐξη-
> > ~
γήσαντό μοι ot ἐξηγηταί, ἐποίησα, ἃ δ᾽ ἐκ τῶν
νόμων οὐκέτι μοι προσῆκεν, ἡσυχίαν εἶχον. κε-
λεύει γὰρ 6 νόμος, ὦ ἀνδρες δικασταί, τοὺς προσ-

«ΡΗδξὲ is, the king-archon; cf. Oration XLIII §§ 42 and 43.

> The Palladium (properly a statue of Pallas) was the name
of the place where the court of the ἐφέται held its sessions.
On this court see Oration XLIII § 57, with the note.

920

AGAINST EVERGUS, 69-72

place, if there be anyone related to the woman, let
him carry a spear when she is borne forth to the tomb
and make solemn proclamation at the tomb, and
thereafter let him guard the tomb for the space of
three days. And this is the advice which we give
you: since you were not yourself present, but only
your wife and your children, and since you have no
other witnesses, we advise you not to make pro-
clamation against anyone by name, but in general
against the perpetrators and the murderers; and
again not to institute suit before the king.* For that
course is not open to you under the law, since the
woman is not a relative of yours nor yet a servant,
according to your own statement ; and it is to rela-
tives or to masters that the law appoints the duty of
prosecuting. If, then, you should take the oath at
the Palladium,’ yourself and your wife and your chil-
dren, and imprecate curses upon yourselves and your
house, you will lose the goodwill of many, and if your
opponent is acquitted, you will be thought to have
committed perjury, and if you convict him, you will
be an object of malice. No, after you have performed
the proper religious rites to cleanse yourself and your
house, bear your misfortune with such patience as
you can, and, if you choose, avenge yourself in some
other way.”

When I had received this advice from the Inter-
preters and had looked at the laws of Draco on the
inscribed slab, I consulted with my friends as to what
course of action I should pursue. As they gave me
the same advice, I did what was necessary to purify the
house and what the Interpreters had prescribed, and
abstained from further action which the laws forbade.
For the law, men of the jury, ordains that prosecution

VOL. II Y $21

-:

0

72

DEMOSTHENES

/ bd ἣ / > ~ \ > ~
ἥκοντας ἐπεξιέναι μέχρι ἀνεψιαδῶν, καὶ ἐν τῷ
ὅρκῳ ἐπερωτᾶν, τί προσήκων ἐστί, κἂν οἰκέτης
ἢ, τούτων τὰς ἐπισκήψεις εἶναι. ἐμοὶ δὲ οὔτε
γένει προσῆκεν ἡ ἄνθρωπος οὐδέν, εἰ μὴ ὅσον
τιτθὴ γενομένη, οὐδ᾽ αὖ θεράπαινά ye: ἀφεῖτο γὰρ
ς \ ~ \ ey ee. ~ ? / \ \ ”
ὑπὸ τοῦ πατρὸς τοῦ ἐμοῦ ἐλευθέρα καὶ χωρὶς ᾧκει
\ ” ” / \ \ ς ~ \
73 Kal ἄνδρα ἔσχεν. ψεύσασθαι δὲ πρὸς ὑμᾶς καὶ
\ “-
διομόσασθαι αὐτὸς καὶ τὸν υἱὸν καὶ τὴν γυναῖκα
5 “ >? 5X so. Ἃ 5 > fs) Ὁ“ « /
οὐκ av ἐτόλμησα, οὐδ᾽ ἂν εἰ εὖ ἤδειν OTL αἱρήσοιμι
> / > \ 4 7 ~ e > ‘
αὐτούς: οὐ γὰρ οὕτως τούτους μισῶ, ὡς ἐμαυτὸν
φιλῶ.
oll \ \ / / > / / γ \
va δὲ μὴ λόγῳ μόνον ἀκούσητέ μου, αὐτὸν
ὑμῖν τὸν νόμον ἀναγνώσεται.

ΝΟΜΟΣ

14 ΙΠολλαχόθεν μὲν οὖν οἶμαι, ὦ ἄνδρες δικασταί,
~ A \ /
καταφανῆ ὑμῖν τὴν μαρτυρίαν εἷναι ws ψευδής
> ~ “A
ἐστιν, οὐχ ἥκιστα δ᾽ ἐκ τῶν πεπραγμένων αὐτοῖς
ῥᾷάδιον γνῶναι. οὗτοι γὰρ ᾧοντο, ὦ ἀνδρες

/ > / > / τ > /
δικασταί, ἐμέ, εἰ πολλά μου λάβοιεν ἐνέχυρα,
ἄσμενον ἀφήσειν τοὺς μάρτυρας τῶν ψευδομαρ-

~ 7 a

75 τυριῶν, ὥστε ἀπολαβεῖν με τὰ ἐνέχυρα. καὶ ἐπει-

δὴ 25 AG} ΕἸ ~ > Ne \ ς
ἡ ἐδεήθην αὐτοῦ ἀναβαλέσθαι μοι τὴν ὑπερη-
μερίαν, ἄσμενος ἤκουσεν, ἵνα ὑπερήμερος αὐτῷ
/ \ > / / « ~ \
[1162] γενοίμὴν Kat ἐκφορήσαιυτό μου ws πλεῖστα. καὶ
διὰ τοῦτο ἀκάκως καὶ ταχύ μοι ὡμολόγησεν, ἵνα
πιθανὸς γένηται καὶ μὴ καταφανὴς ἐπιβουλεύων,
ἡγούμενος οὐκ εἶναι αὑτῷ δι᾿ ἄλλου τρόπου τοὺς
~ ~ ~ 7 \
μάρτυρας ἀφεθῆναι τῶν ψευδομαρτυριῶν, ἢ διὰ

322

AGAINST EVERGUS, 72-75

shall be by relatives within the degree of children of
cousins ; and that in the oath inquiry shall be made
as to what the relationship is, even if the victim be a
servant ; and it is from these persons that criminal
actions shall proceed. But the woman was in no
way related to me by blood, she had only been my
nurse ; nor again was she a servant ; for she had been
set free by my father, and she lived in a separate
house, and had taken a husband. Now, to tell a false
story to you and support it by an oath with impreca-
tions on myself, my son, and my wife, was a thing I
dared not do, even if I knew well that I should Tee
these men ; for I do not hate them as much as I love
myself.

‘But that you may hear this na merely from my own
lips, the clerk shall read you the law itself,

Tue Law

I fancy, men of the jury, that it has become clear to
you on many grounds that the deposition is false, but
that you see it most readily from the conduct of the
men themselves. For they thought, men of the jury,
that, if they took a large quantity of goods from me as
security, I should be glad to release the witnesses
from the charge of false testimony in order to get
back the goods. And when I asked Theophemus to
oblige me by extending the time of payment, he was
glad to comply in order that I might be in default, and
that he might carry off as many goods as possible.
It was for this reason that he acceded to my request
so guilelessly and so promptly in order to win my
confidence and keep me from seeing his plot ; for he
thought it was not possible for him in any other way
to get the witnesses released from the charge of false

323

~

"1

or

73

DEMOSTHENES

~ > ΄ A \
τοῦ ἐξαπατῆσαι καὶ λαβεῖν pe ὑπερήμερον καὶ
> ΄ /
ἐκφορήσασθαι ws πλεῖστα: οὐ γὰρ ὅσα ἔχουσί μου
76 weto λήψεσθαι, ἀλλὰ πολλῷ πλείω. καὶ τὸν μὲν
ἄλλον χρόνον ἀνέμενεν, ὡς οὐ διὰ ταχέων με
~ ~ >
ποριοῦντα αὐτῷ τὸ ἀργύριον, βουλόμενος ὑπ
~ ~ ~ \
αὐτοὺς τοὺς ἀγῶνας τῶν ψευδομαρτυριῶν τὴν
ἐνεχυρασίαν μου ποιήσασθαι: ἐπειδὴ δ᾽ ἐπήγγειλα
΄ /
αὐτῷ κομίσασθαι τὴν δίκην, ἐλθών μου τά τε
t
Pe \ \ > / \ \ / ”
σκεύη Kal τοὺς οἰκέτας Kal τὰ πρόβατα ἔλαβεν
~ “- ~ ~ ¢€
ἀντὶ τοῦ ἀπολαβεῖν. yewpy@ δὲ πρὸς τῷ ἵππο-
/ σ τὰ / ” 5» 4 > ~ a
77 δρόμῳ, ὥστε οὐ πόρρω ἔδει αὐτὸν ἐλθεῖν. ὅτι
ἀληθῆ λέγω, μέγα τεκμήριον ὑμῖν ἔστω. τῆ
ὑστεραίᾳ γὰρ ἐκομίσατο τὸ ἀργύριον τῆς δίκης,
ἢ τὰ ἐνέχυρα ἔλαβεν. καίτοι πῶς ἄν, εἰ μὴ πε-
/ 4) 5 \ > fd: \ > / /
πορισμένον ἦν, εὐθὺς ἀπέλαβε τὸ ἀργύριον χιλίας
/ / ~ 75 > / \ A > / /
τριακοσίας δέκα τρεῖς δύ᾽ ὀβολώ; Kal Ta ἐνέχυρά
-) > / > re tf \ ~ ” ξ ς
μοι οὐκ ἀπεδίδου, ἀλλ᾽ ἔτι καὶ νῦν ἔχει ὡς ὑπερη-
μέρου ὄντος. ὅτι δ᾽ οὐκ ἣν αὐτῷ ὑπερήμερος,
Δ
ἀνάγνωθί μοι τὴν μαρτυρίαν καὶ τὸν νόμον, ὃς
κελεύει κύρια εἶναι ὅσα ἂν ἕτερος ἑτέρῳ ὁμο-
a Ss ~ /
λογήσῃ, ὥστε οὐκέτι ἦν αὐτῷ δήπου ὑπερήμερος.

ΝΌΜΟΣ. ΜΑΡΤΥΡΙΑ

78 ‘Qs μὲν τοίνυν ὡμολόγησε καὶ ἀνεβάλετό μοι τὴν
ὑπερημερίαν, μεμαρτύρηται ὑμῖν: ὡς δὲ ἐτριηράρ-
[1163] χουν, ὁ συντριήραρχός μοι μεμαρτύρηκε, καὶ ὡς
ἡ ναῦς στρατηγὶς κατεσκευάσθη ᾿Αλκιμάχῳ. ὥστ᾽
οὐκ ἦν αὐτῷ δήπου ὑπερήμερος ἀναβαλομένῳ μοι,

994.

AGAINST EVERGUS, 75-78

testimony than by tricking me, catching me in default
and carrying off as many goods as possible; for he
expected to get, not only what they actually have
of mine, but a great deal more. And he waited
the rest of the time, thinking that I should not
quickly get the money together, and wishing to
seize the goods as security just when the trial for
false testimony was coming on; but when I served
notice on him to come and collect the amount of
the judgement, he went and seized my furniture and
slaves and sheep instead of receiving payment. I
till a farm near the Hippodrome, so that he did not
have far to go. That what I am saying is true let this
be a strong - proof : he got the amount of the judge-
ment the day after he seized the security. And yet,
if I had not got the money together, how could he
have got payment at once in cash, one thousand
three hundred and thirteen drachmae two obols?
And the goods which he had seized as security he
refused to return to me, but up to this day he keeps
them, as though I were in default. But to prove that
I was not in default, (to the clerk) read me the deposi-
tion and the law which ordains that all agreements
entered into by the two parties shall be binding; I
was, therefore, as you see, no longer in default to him.

Tue Law. Tue Deposition

Well, then, that he consented and extended the
time of payment has been established for you by
witnesses, and that I was serving as trierarch my
colleague in the trierarchy has testified, and also that
the ship was equipped as flagship for the admiral
Alcimachus. Surely, then, I was not in default to
him when he had extended the time, especially since

325

~I

1
-ἃ

~

6

78

79

80

DEMOSTHENES

ἔτι δὲ Kal ἐκτίνων. ἀλλὰ δεινὴ ἡ πλεονεξία τοῦ
τρόπου, ὦ ἀνδρες δικασταί, περὶ τὸ πλέον καὶ τὸ
"» A oo "» a > \ \ »”
ἔλαττον. Kal εὖ ἤδεσαν ὅτι, εἰ μὲν we ἄνθρωπον
7 > Us ~ > /
παραδώσουσιν, ἐξελεγχθήσονται ψευδῆ ἐγκαλέ-
> \
σαντες, εἰ δὲ μὴ παραδώσουσιν ἣν ἐμαρτύρησαν
e e ” / ~
ws οὗτος ἤθελε παραδιδόναι, ψευδομαρτυριῶν
« / tf > « ~ 4 »Μ ,ὔ
ἁλώσονται. δέομαι δ᾽ ὑμῶν, ὦ avdpes δικασταί,
εἴ τις ἄρα τῶν τότε δικαζόντων τυγχάνει ὧν ἐν τῷ
δικαστηρίῳ, τοῖς αὐτοῖς χρήσασθαι ἤθεσιν οἷσπερ
καὶ τότε, καὶ εἰ μὲν ἡ μαρτυρία πιστὴ ὑμῖν ἔδοξεν
εἶναι καὶ ἐγὼ φεύγειν τὸν ἔλεγχον τὸν ἐκ τῆς
ἀνθρώπου, νῦν ἐξελεγχομένων αὐτῶν ψευδῆ μεμαρ-
τυρηκότων καὶ οὐ παραδιδόντων τὴν ἄνθρωπον
βοηθῆσαί μοι, εἰ δ᾽ ἐμοὶ ὠργίσθητε ὅτι ἐνεχυράσων
a) > \ \ 5 / \ ~ / \ VA
ἦλθον ἐπὶ τὴν οἰκίαν τὴν τοῦ Θεοφήμου, καὶ τού-
τοις νῦν ὀργισθῆναι ὅτι ἐπὶ τὴν ἐμὴν ἦλθον. καὶ
> \ \ ¢ \ / \ / > /
ἐγὼ μὲν ὑπὸ νόμων Kal ψηφισμάτων avayKalo-
~ > \
μενος, πρόνοιαν ἐποιησάμην τοῦ μήτε ἐπὶ τὸν
πατέρα τὸν τούτου εἰσελθεῖν μήτε ἐπὶ τὴν μητέρα,
μήτε τῶν τοῦ ἀδελφοῦ λαβεῖν μηδέν, ἀλλ᾽ οὗ αὐτὸς
ᾧκει ὃ Θεόφημος" καὶ ἐπειδὴ οὐ κατέλαβον αὐτὸν
ἰ μος ὴ
cA » ¢€ / » / ᾽ὃ / LAAG λθ ~
ἔνδον, ody ἁρπάσας ὠχόμην οὐδέν, ἀλλὰ μετελθεῖν
A
ἐκέλευσα αὐτόν, Kal παρόντος, οὐκ ἀπόντος, τὴν
ἐνεχυρασίαν ἐποιησάμην, καὶ ἀφαιρούμενος ἀφῆκα,
\ > ~ > \ \ \ \ , A
καὶ ἀνῆλθον ἐπὶ τὴν βουλὴν τοὺς κυρίους, καὶ
> / \ ¢ \ >? ~ ~ > ~
εἰσαγγείλας καὶ ἑλὼν ev τῇ βουλῇ, ἀποχρῆν
ε / \ \ / > p\ ~ ε AG \ δὲ
ἡγησάμην τὰ μὲν σκεύη ἀπολαβεῖν ἁπλᾶ, περὶ δὲ
΄ ~ ~ / ~
τῶν πληγῶν ἐπιτρέψαι, τῷ δὲ τιμήματι συγχωρῆ-
926

AGAINST EVERGUS, 78-80

I paid the money in full. But the graspingness of his
disposition, when it is a question of more or less, is
dreadful, men of the jury. And they knew well that,
if they should deliver up the woman for examination,
it would be proved that their charge was false, while,
if they should not deliver up the woman, whom the
witnesses stated that Theophemus was willing to
deliver up, they would be convicted of false testimony.
I beg of you, men of the jury, if any one of those who 79
then served as jurors happens to be in the court-room,
to act upon the same principles as you did then ; and,
if the deposition seemed to you to be worthy of
credence, and I seemed to shrink from the test which
the examination of the woman would have afforded,
now, when they are proved to have given false testi-
mony and do not deliver up the woman, to come to
my aid: and if you are angry with me because I went
to the house of Theophemus to take security, to be
angry now with these men also because they went to
my house. And I, who was forced to go by the laws 80
and the decrees, was careful not to make my way into
the presence of the father or mother of Theophemus
or to take anything belonging to his brother ; but
I went to where Theophemus lived by himself, and
when I did not find him at home, I did not seize
anything and carry it off, but bade someone fetch him,
and I took the security in his presence and not in his
absence ; and when it was taken from me, I gave it
up and betook myself to the senate, the proper
authority, and when I had preferred my impeach-
ment and had convicted him in the senate, I thought
it enough merely to recover the ship’s equipment,
and to leave the matter of the assault to a referee,
and to make a concession in the matter of the fine.

327

81
[1164]

82

DEMOSTHENES

σ rt ,\ \ v >
σαι. ὥστε ἐγὼ μὲν οὕτω μέτριος περὶ τούτους ἦν,
- \ “ 3 - \ , σ > 7 ‘
οὗτοι δὲ οὕτως ἀσελγεῖς καὶ βδελυροί, ὥστ᾽ ἐπὶ
\ A ΄-
τὴν γυναῖκα καὶ τὰ παιδία εἰσελθεῖν, ἔχοντες μὲν
\ / \ \ > ,ὔ / Μ “Ἂ
τὰ πρόβατα καὶ τοὺς οἰκέτας, πλείονος ἄξια ἢ
΄ 3 / \ \ « /
κατεδικάσαντο, ἀναβαλόμενοι δὲ τὴν ὑπερημερίαν,
> if > > ~ 7, > ~ \
ἐπαγγείλαντος δ᾽ ἐμοῦ κομίζεσθαι αὐτοῖς τὴν
/ A \ > / ᾽
δίκην, ὡς μεμαρτύρηται ὑμῖν, καὶ εἰσελθόντες εἰς
\ > / ~ \
τὴν οἰκίαν τά TE σκεύη ἐκφορῆσαι τήν τε τιτθὴν
~ - ‘
συγκόψαι, γραῦν γυναῖκα, ἕνεκα κυμβίου, Kat
ταῦτα πάντα ἔτι ἔχειν καὶ μὴ ἀποδιδόναι ἐκτε-
~ /
TELKOTOS ἐμοῦ τὴν δίκην, χιλίας τριακοσίας δέκα
- 75 > 7 > / > / > \ /
τρεῖς δύ᾽ ὀβολώ. εἰ δέ τις ἀγνοήσας αὐτοὺς τότε
3 / τὸ th
ἀκάκους ἡγήσατο καὶ ἀπράγμονας εἶναι, βούλομαι
ὑμῖν περὶ αὐτῶν τὰς μαρτυρίας ἀναγνῶναι, ἃς
μεμαρτυρήκασί μοι ot ὑπὸ τούτων ἠδικημένοι"
e /
λόγῳ μὲν yap διηγήσασθαι οὐκ ἂν ἱκανόν μοι
/ \ 4 “9 > “f ς / /
γένοιτο τὸ ὕδωρ: ἵν᾿ ἐκ τούτων ἁπάντων σκεψά-
~ ~ /
μενοι, TOV Te λεχθέντων Kal τῶν μαρτυρουμένων,
~ ~ ~ \
ὁσίαν καὶ δικαίαν ὑπὲρ ὑμῶν αὐτῶν τιθῆσθε τὴν
yar:

Λέγε τὰς μαρτυρίας.

MAPTYPIAI.

AGAINST EVERGUS, 81-82

I, then, was lenient toward these men, whereas
they were so brutal and ruthless that they forced
themselves into the presence of my wife and
children, although they had in their possession the
sheep and the slaves, of greater value than their
judgement, and although they had given me an ex-
tension of time and 1 had given them notice to come
and recover their judgement, as has been proved to
you by testimony. They came to my house and not
only carried off the furniture, but beat the nurse, an
old woman, for the sake of a cup; and they keep
possession ae all these things, and refuse to give
them up, though I have paid in full the amount of the
judgement, one thousand three hundred and thirteen
drachmae two obols. If anyone through ignorance
thought these men at the time of the former trial to
be guileless and inoffensive persons, I wish to read
you the depositions regarding them which have been
furnished me by those whom they have wronged (for
the water in the clock is not sufficient to permit me to
tell the whole story in my speech), in order that, when
you have considered the case in the light of all these
things, both the arguments and the testimony, the
verdict which you will render may be such as piety
and justice demand of you.
(To the clerk.) Read the depositions.

Tue Deposirions.

329

81

82

AGAINST OLYMPIODORUS

INTRODUCTION

Tue plaintiff, Callistratus, brings this suit against his
brother-in-law, Olympiodorus, to recover from him
half of the property left by Comon, of Halae. We
are told that the plaintiff, who claims to be nearest of
kin to the deceased, had entered into an agreement
with Olympiodorus—it should perhaps rather be
called a conspiracy
the estate to the exclusion of other claimants, and
should then divide everything equally between them-
selves.

Their plan seemed to be succeeding, although the
plaintiff charges that Olympiodorus withheld from
him his due share of the sum of seventy minae which
Olympiodorus had recovered from a slave, who under
torture had confessed the theft of that amount from
his late master, Comon; but other claimants ap-
peared, among them Callippus, the half-brother of the
plaintiff, who filed a claim to half the estate. Just as
the case was about to be heard Olympiodorus went
abroad to Acarnania on military service, and the
plaintiff sought to have the case delayed. The jury
held, however, that this was but a specious plea, the
claim of Olympiodorus was stricken out, and the
plaintiff, as he declares, felt in duty bound to with-
draw his claim also. Under these circumstances the
property was awarded to their adversaries.

332

AGAINST OLYMPIODORUS

When Olympiodorus returned, he and the plaintiff
renewed their claims—Olympiodorus for the whole
estate and the plaintiff for one-half, inasmuch as his
half-brother was entering a similar claim. Olympio-
dorus won the case, but refused to share the estate
with the plaintiff ; hence the suit.

As the speech is to be dated in the year 343 or
342 B.c. scholars are virtually unanimous in refusing
to believe that Demosthenes, then at the height of
his political career, would have stooped to handle so
unsavoury a matter for an unimportant personage.

Reference may be made to Schaefer, iii. pp. 236 ff,
and Blass, iii. pp. 557 ff.

333

ἈΚ ΠΠΙ
ΚΑΤΑ ΟΛΥΜΙΠΙΟΔΩΡΟΥ͂ ΒΛΑΒΗΣ

[1161] ᾿Αναγκαῖον ἴσως ἐστίν, ὦ ἄνδρες δικασταί, καὶ
\ A > , \ ,ὔ > ~ > Vd
τοὺς μὴ εἰωθότας μηδὲ δυναμένους εἰπεῖν εἰσιέναι
εἰς δικαστήριον, ἐπειδὰν ὑπό τινος ἀδικῶνται,

" VT Za “ - > A
ἄλλως τε Kal ὑφ᾽ ὧν ἥκιστα προσῆκεν ἀδικεῖσθαι,
Φ \ > \ \ / νὰ / /
οἷον Kal ἐμοὶ νυνὶ συμβαίνει. οὐ βουλόμενος yap,
ὦ ἄνδρες δικασταί, ἀγωνίζεσθαι πρὸς ᾿Ολυμπιό-

3 ~ ΕΣ \ > 4 / ”
dwpov οἰκεῖον ὄντα καὶ ἀδελφὴν τούτου ἔχων,
3. » \ A >) > - Ὁ \ /
ἠνάγκασμαι διὰ TO μεγάλ᾽ ἀδικεῖσθαι ὑπὸ τούτου.
5 εἰ μὲν οὖν μὴ ἀδικούμενος, ὦ ἀνδρες δικασταΐ,
ἀλλὰ ψεῦδός τι ἐγκαλῶν ᾿Ολυμπιοδώρῳ τούτων
" A > ,ὔ a“ -
τι ἐποίουν, ἢ τοῖς ἐπιτηδείοις τοῖς ἐμοῖς καὶ
> "
᾿Ολυμπιοδώρου μὴ ἐθέλων ἐπιτρέπειν, ἢ ἄλλου
τινὸς τῶν δικαίων ἀφιστάμενος, εὖ ἴστε ὅτι πάνυ
a“ > ᾽ὔ \ > / κ᾿ > \ ~
ἂν ἠσχυνόμην Kat ἐνόμιζον ἂν ἐμαυτὸν φαῦλον
> » ~ >
εἶναι avOpwrov: viv δ᾽ οὔτε μικρὰ ἐλαττούμενος
ὑπὸ ᾿Ολυμπιοδώρου, οὔτε διαλλακτὴν οὐδένα φεύ-
» o> > \ \ Nd \ , ἘΣ 5 >
ywv, οὔτ᾽ αὖ μὰ τὸν Δία τὸν μέγιστον ἑκών, ἀλλ
ὡς οἷόν τε μάλιστα ἄκων, ἠνάγκασμαι ὑπὸ τού-
> / ΄ \ , / =
3 του ἀγωνίζεσθαι ταύτην τὴν δίκην. δέομαι οὖν
334

> EM ANU!

CALLISTRATUS AGAINST OLYMPIO-
DORUS, AN ACTION FOR DAMAGES

Ir is perhaps necessary, men of the jury, even for
those who have neither practice nor skill in speaking
to come into court when they have been wronged
by anyone, especially if it be by those who should
be the last to wrong them, as has now come to pass
with me. For, although I have been unwilling, men
of the jury, to go to law with Olympiodorus, who is a
relative of mine and whose sister is my wife, I have
been forced to do so because of the magnitude of the
wrongs which he has done me. If I were entering
upon this course, men of the jury, without having
been wronged, or were trumping up a false charge
against Olympiodorus, or if I were unwilling to refer
the matter to men who are friends both of Olympio-
dorus and myself, or if I were refusing to adopt any
other fair course of action, be assured that I should
be thoroughly ashamed, and should think myself a
worthless pore of fellow : but as it is, the loss I have

suffered at the hands of Olympiodorus is no small
one ; I have not refused to accept any referee, and
I swear by Zeus the Supreme that it is not willingly,
but with the utmost possible reluctance, that I
have been forced by the defendant to bring this suit.

335

bo

DEMOSTHENES

¢ ~ > ” / > / > /
ὑμῶν, ὦ ἄνδρες δικασταί, ἀκούσαντας ἀμφοτέρων
ἡμῶν καὶ αὐτοὺς δοκιμαστὰς τοῦ πράγματος γε-

/ / \ / > /
νομένους, μάλιστα μὲν διαλλάξαντας ἀποπέμψαι
καὶ εὐεργέτας ἡμῶν ἀμφοτέρων ὑμᾶς γενέσθαι"

[1168] ἐὰν δ᾽ ἄρα μὴ ἐπιτυγχάνητε τούτου, ἐκ τῶν

ὑπολοίπων τῷ τὰ δίκαια λέγοντι, τούτῳ τὴν
ψῆφον ὑμᾶς προσθέσθαι.

Ιρῶτον μὲν οὖν μαρτυρίας ἀναγνώσεται, ὅτι οὐκ
ἐγὼ αἴτιός εἰμι τοῦ εἰς τὸ δικαστήριον εἰσιέναι,
ἀλλ᾽ οὗτος αὐτός.

Λέγε τὰς μαρτυρίας.
MAPTYPIAI

[2 \ > εν ΝΜ / Ἁ / \

4 Or μὲν οὖν, ὦ avopes δικασταί, καὶ μέτρια Kal
προσήκοντα, προὐκαλούμην ᾿Ολυμπιόδωρον, μεμαρ-
τύρηται ὑπὸ τῶν παραγενομένων. οὐκ ἐθέλοντος
δὲ τούτου οὐδ᾽ ὁτιοῦν ποιεῖν τῶν δικαίων, ἀναγ-
Kaidv ἐστι πρὸς ὑμᾶς λέγειν περὶ ὧν ἀδικοῦμαι
« δ ee) 7 ” \ \ ¢ /
ὑπὸ Ολυμπιοδώρου. ἔστι δὲ βραχὺς ὁ λόγος.

5 Hv γάρ, ὦ ἄνδρες δικασταί, Κόμων ᾿Αλαιεὺς
οἰκεῖος ἡμέτερος. οὗτος ὁ Κόμων ἐτελεύτησεν
ἄπαις ὀλίγον πάνυ χρόνον ἀρρωστήσας, ἐβίω δὲ

NW, VS / CAL ϑ...9 / AL \
πολλὰ ἔτη, Kal ἦν πρεσβύτης ὅτ᾽ ἐτελεύτα. καὶ ἐγὼ
ἐπειδὴ ἠσθόμην ὅτι οὐχ οἷός τ᾽ ἐστὶν περιγενέσθαι,
μετεπεμψάμην τουτονὶ ᾿Ολυμπιόδωρον, ὅπως ἂν
παρῇ καὶ συνεπιμελῆται μεθ᾽ ἡμῶν ἁπάντων ὧν
προσῆκεν. καὶ ᾿Ολυμπιόδωρος οὑτοσί, ὦ ἀνδρες
δικασταί, ἐπειδὴ ἦλθεν ὡς ἐμὲ καὶ σὴν ἀδελφὴν
τὴν ἑαυτοῦ, ἐμὴν δὲ γυναῖκα, μεθ᾽ ἡμῶν ἅπαντα

@ There were two demes of this name, one on the east

336

AGAINST OLYMPIODORUS, 3-5

I beg of you, therefore, men of the jury, when you 3
have heard us both and have sifted the matter for
yourselves, preferably to find some settlement of our
quarrel and dismiss us, and thus become benefactors
of us both; but if you cannot succeed in this, of
the courses remaining open to you, I beg you to
give your vote to him whose plea is just.

First, then, the clerk shall read to you the deposi-
tions which show that it is not I who am responsible
for bringing the case into court, but the defendant
himself,

(To the clerk.) Read the depositions.

Tue DeEposirions

That I offered reasonable and fitting terms to 4
Olympiodorus has been testified to you, men of the
jury, by those who were present. Since, however,
he does not choose to do anything that is right, it is
necessary for me to set forth before you the matters
in which I have been wronged by him. But the
story is a short one.

There was a certain Comon of Halae,* men of the 5
jury, a relative of ours. This Comon died without
issue after a very short illness; he had lived, how-
ever, many years, and was an old man when ie died.
When I saw that he could not possibly recover, I
sent for the defendant Olympiodorus that he might
be with us, and join with us in taking all proper
measures. And Olympiodorus, when he had come
to me and to my wife, who is his own sister, aided us

coast of Attica and the other on the Saronic Gulf. The
former belonged to the tribe Aegeis, the latter to the tribe
Cecropis. There is nothing to show which one is here re-
ferred to.

VOL. II Ζ 337

DEMOSTHENES

6 διῴκει. ὄντων δ᾽ ἡμῶν περὶ ταύτην τὴν πραγ-
ματείαν, ἐξαίφνης “λόγον μοι προσφέρει Ὄλυμ-
πιόδωρος οὑτοσί, ὅτι καὶ ἡ μήτηρ αὐτοῦ προσ-
ἤκουσα εἴη τῷ Κόμωνι τῷ τετελευτηκότι, καὶ ὅτι
δίκαιον εἴη καὶ αὑτὸν τὸ μέρος λαβεῖν ἁπάντων
ὧν ὁ ΚΚόμων κατέλιπεν. καὶ ἐγώ, ὦ ἄνδρες δικα-
oral, συνειδὼς ὅτι ἐψεύδετο καὶ ἀναισχυντεῖν ἐπ-
εχείρει, καὶ ὅτι οὐδεὶς ἣν ἄλλος τῷ _Kopave γένει
ἐγγυτέρω ἐμοῦ, τὸ μὲν πρῶτον ὡς οἷόν τε μάλιστα
ὠργίσθην καὶ ἠγανάκτησα ἐπὶ τῇ ἀναισχυντίᾳ τοῦ

[1169] λόγου, ἔπειτα δ᾽ ἐλογισάμην πρὸς ἐμαυτὸν ὅτι οὐκ
ἐν καιρῷ ὀργιζοίμην, καὶ τούτῳ ἀπεκρινάμην, ὅτι
ἐν μὲν τῷ παρόντι προσήκει ᾿θάπτειν τὸν τετε-
λευτηκότα καὶ τἄλλα ποιεῖν τὰ νομιζόμενα, ἐπειδὰν
δὲ τούτων ἁπάντων ἐπιμεληθῶμεν, τόθ᾽ ἡμῖν αὐτοῖς

διαλεξόμεθα. καὶ οὗτος, ὦ ἀνδρες δικασταί, προσ-
ὠμολόγησε ταῦτα καὶ καλῶς μ᾽ ἔφη λέγειν.
ἐπειδὴ δ᾽ ἀπηλλάγημεν καὶ ἐποιήσαμεν ἅπαντα
τὰ “νομιζόμενα, καθ᾽ ἡσυχίαν ἤδη παρακαλέσαντες
τοὺς οἰκείους ἅπαντας διελεγόμεθα ἡμῖν αὐτοῖς
περὶ ὧν οὗτος ἠξίου ἑ ἑαυτῷ εἶναι. ὅσα μὲν οὖν, ὦ
ἄνδρες δικασταί, ἡμεῖς πρὸς ἡμᾶς αὐτοὺς διηνέ-
χθημεν περὶ τούτων διαλεγόμενοι, τί ἂν ἐγὼ ταῦτα
διηγούμενος ἢ ἢ ὑμῖν πράγματα παρέχοιμι ἢ ἐ ἐμαυτῷ;

8 τὸ δὲ τέλος ὃ ἐγένετο, τοῦθ᾽ ὑμᾶς ἀναγκαίως ἔχει
ἀκοῦσαι. αὐτὸς γὰρ ἐγὼ ἐδίκασα τούτῳ καὶ
οὗτος ἐμοί, τὰ ἡμίσεα ἑκάτερον ἡμῶν "λαβεῖν ὧν
κατέλιπε Κόμων, καὶ μηδεμίαν ἀηδίαν εἶναι περαι-
τέρω. καὶ προειλόμην, ὦ ἄνδρες δικασταί, ἑκὼν
μεταδοῦναι τούτῳ, μᾶλλον ἢ εἰς δικαστήριον εἰσιὼν
κινδυνεύειν πρὸς οἰκεῖον ὄντα τοῦτον, καὶ εἰπεῖν
τι ἀηδὲς ἀδελφὸν ὄντα τῆς ἐμῆς γυναικὸς καὶ
338

AGAINST OLYMPIODORUS, 6-8

in making all the arrangements. While we were thus 6
occupied, this fellow Olympiodorus suddenly flung
at me the statement that his mother also was related
to Comon, the dead man, and that it was fair that he,
too, should receive his share of all the property
which Comon left. I for my part, men of the jury,
as I knew that he was lying and trying to put a bold
face on it, and that there was nobody else nearer of
kin to Comon than myself, became at first exceedingly
wroth and indignant at the shamelessness of his
claim ; presently, however, I reflected that it was
not a proper time for anger, and I made answer to
him, that for the present it was our duty to bury
the dead man and do all else that custom called
for, and that after we should have discharged all
these duties we would talk with one another. And 7
Olympiodorus, men of the jury, assented to this,
and said that I was quite right. So when we
had finished all this, and had done all that custom
required, we called in all our relatives and quietly
discussed with one another the claims which this
fellow advanced. Now, men of the jury, why should
I weary you or myself by relating the various differ-
ences which arose between us as we talked these
matters over? The conclusion to which we came, 8
however, it is necessary for you to hear. I myself
reached the decision regarding his claims, and he
regarding mine, that we should each take half of
what Comon left, and there should be no further
unpleasantness between us. I chose, men of the
jury, voluntarily to share the inheritance with him
rather than come into court and risk a trial with
the fellow, who is a relative, and to say unpleasant
things of one who is a brother of my wife and the

339

9

10
[1170]

11

DEMOSTHENES

A ~ > ~ ~
θεῖον τῶν ἐμῶν παίδων, καὶ ὑπὸ τούτου ἀκοῦσαί
> / ~
τι ἀνεπιτήδειον. ταῦτα πάντ᾽ ἐνθυμούμενος συν-
/ > ~
εχώρησ᾽ αὐτῷ.
K \ A ~ / > / A ¢€ ~
αἱ μετὰ ταῦτα συνθήκας ἐγράψαμεν πρὸς ἡμᾶς
\
αὐτοὺς περὶ ἁπάντων, καὶ ὅρκους ἰσχυροὺς ὠμό-
. 3 >
σαμεν ἀλλήλοις, ἢ μὴν τά τε ὑπάρχοντα φανερὰ
a” ~
ὄντα καλῶς Kal δικαίως διαιρήσεσθαι, Kai μηδ᾽
« ~ ~ -
ὁτιοῦν πλεονεκτήσειν τὸν ἕτερον τοῦ ἑτέρου ὧν
/ / Α »” / ~ /
κατέλιπε Kopwv, καὶ τἄλλα πάντα κοινῇ ζητήσειν,
\ / 3 3 / / ao nv“
καὶ πράξειν μετ᾽ ἀλλήλων βουλευόμενοι ὅ τι ἂν
cen ~ Ἂς
ἀεὶ δέῃ. ὑπενοοῦμεν γάρ, ὦ ἄνδρες δικασταΐ,
ua ~ ~
ἥξειν τινὰς ἀμφισβητήσοντας τῶν τοῦ Κόμωνος
\ ¢ / e \ €: > \ > \ ς «
καὶ ἑτέρους: οἷον καὶ ὁ ἐμὸς ἀδελφὸς ὁ ὁμο-
/ 7
πάτριος, ὁμομήτριος δ᾽ οὔ, ὃς ἀπεδήμει, καὶ εἰ
/ Μ > / > > ~ > > ¢€ ~
δή τις ἄλλος ἐβούλετ᾽ ἀμφισβητεῖν, οὐκ ἦν ἡμῖν
κωλύειν: οἵ γὰρ νόμοι κελεύουσι τὸν βουλόμενον
- ~ > /
ἀμφισβητεῖν. ταῦτα δὴ πάντα προνοούμενοι ἐγρά-
ψαμεν τὰς συνθήκας καὶ ὅρκους ὠμόσαμεν, ὅπως
>
ἂν μήθ᾽ ἑκόντι μήτε ἄκοντι μηδετέρῳ ἐξουσία
ε ~ / > e ~ 29907 ~ > \ ~
ἡμῶν γένηται μηδ᾽ ὁτιοῦν ἰδίᾳ πρᾶξαι, ἀλλὰ κοινῇ
βουλευόμενοι μεθ᾽ ἡμῶν αὐτῶν ἅπαντα πράτ-
τωμεν. καὶ μάρτυρας ἐποιησάμεθα περὶ τούτων
πρῶτον μὲν τοὺς θεοὺς οὗς ὠμόσαμεν ἀλλήλοις, καὶ
~ >
τοὺς οἰκείους τοὺς ἡμετέρους αὐτῶν, ἔπειτ
e A
᾿Ανδροκλείδην ᾿Αχαρνέα, παρ᾽ ᾧ κατεθέμεθα τὰς
συνθήκας.
΄ > πο ον, uf = -
Βούλομαι οὖν, ὦ ἄνδρες δικασταί, τόν τε νόμον
~ A
ἀναγνῶναι, καθ᾽ ὃν τὰς συνθήκας ἐγράψαμεν πρὸς
ἡμᾶς αὐτούς, καὶ μαρτυρίαν τοῦ ἔχοντος τὰς
συνθήκας.

940

AGAINST OLYMPIODORUS, 8-11

uncle of my children, and hear disagreeable things
from him. Thinking of all these things I came to
terms with him.

After this we drew up written articles of agree-
ment regarding all matters involved, and swore
solemn oaths to one another that we would in very
truth divide fairly and honestly all the visible pro-
perty that there was, and that neither of us would in
any respect take advantage of the other in regard to
Comon’s estate; that we would make joint inquiry
for the rest, and would act in common in forming
whatever plans should from time to time be necessary.
For we suspected, men of the jury, that others besides
ourselves would come to lay claim to the estate of
Comon. For instance, there was my brother, on my
father’s but not my mother’s side, who was out of the
country ; and, if anyone else wished to put in a claim,
there was no way for us to prevent it ; for the laws
ordain that anyone who chooses may put in a claim.
Foreseeing all these contingencies, we drew up our
articles of agreement and swore our oaths in order
that neither of us might have the opportunity of
doing anything whatever independently, whether he
should wish to do so or not, but that we should do
everything by mutual agreement. And we called to
witness this agreement, first the gods in whose name
we exchanged our oaths, and our own relatives, and
moreover Androcleides of Acharnae,? with whom we
deposited the articles.

I wish now, men of the jury, to read the law in
accordance with which we drew up our agreement,
and deposition of the person who has the articles in
his keeping.

* Acharnae was a deme of the tribe Oeneis.
341

DEMOSTHENES
Λέγε τὸν νόμον πρῶτον.
ΝΟΜΟΣ

᾿Αναγίγνωσκε δὴ καὶ τὴν μαρτυρίαν τὴν ᾿Ανδρο-
κλείδου.
ΜΑΡΤΥΡΙΑ
12 ᾿Επειδὴ δ᾽ ὠμόσαμεν ἀλλήλοις καὶ at συνθῆκαι

>
3

ἦσαν κείμεναι παρὰ τῷ ᾿Ανδροκλείδῃ, διεῖλον ἐγὼ
δύο μερίδας, ὦ ἄνδρες δικασταί. καὶ ἡ μὲν ἑτέρα
ἦν μερὶς ἡ οἰκία, ἐν ἡ ὦκει αὐτὸς ὁ Koper, Kal
τἀνδράποδα οἵ σακχυφάνται, ἡ δ᾽ ἑτέρα ἦν μερὶς
οἰκία ἑτέρα καὶ τἀνδράποδα ot φαρμακοτρίβαι.
[1171] ἀργύριον δ᾽ εἴ τι κατέλιπεν ὁ Κόμων φανερὸν ἐπὶ
τῇ τραπέζῃ τῇ Ἡρακλείδου, τοῦθ᾽ ἅπαν σχεδόν

τι ἀνηλώθη εἴς τε τὴν ταφὴν καὶ τἄλλα τὰ νομι-
ζόμενα καὶ εἰς τὴν οἰκοδομίαν τοῦ μνήματος.

13 διελὼν δ᾽ ἐγὼ τὰς δύο ταύτας μερίδας, ἔδωκα
αἵρεσιν τουτῳὶ ᾿Ολυμπιοδώρῳ, ὁποτέραν βούλεται

τῶν μερίδων λαβεῖν, καὶ οὗτος εἵλετο τοὺς φαρ-
μακοτρίβας καὶ τὴν οἰκίσκην᾽" ἐγὼ δ᾽ ἔλαβον τοὺς

14 σακχυφάντας καὶ τὴν οἰκίαν. καὶ ταῦτ᾽ ἔστιν ἃ
ἑκάτερος ἡμῶν εἶχεν. ἐν δὲ τῇ μερίδι τῇ τουτουὶ
᾿Ολυμπιοδώρου ἦν εἷς τῶν φαρμακοτριβῶν, ὃν
μάλιστ᾽ ἐνόμιζε πιστὸν ἑαυτῷ εἶναι ὁ Κόμων-"
ὄνομα δὲ τῷ ἀνθρώπῳ ἐστὶ Μοσχίων. οὗτος ὁ
οἰκέτης σχεδόν τι ἤδει τά τ᾽ ἄλλα τὰ τοῦ Κόμωνος
ἅπαντα, καὶ δὴ καὶ τὸ ἀργύριον οὗ ἦν, τὸ ἔνδον
15 κείμενον τῷ Κόμωνι. καὶ δὴ καὶ ἔλαθε τὸν
Κόμωνα, πρεσβύτερόν τε ὄντα καὶ πεπιστευκότα
αὐτῷ, ὑφαιρούμενος τὸ ἀργύριον οὗτος ὃ οἰκέτης

ὁ Μοσχίων. καὶ πρῶτον μὲν ὑφαιρεῖται αὐτοῦ

342

AGAINST OLYMPIODORUS, 11-15
(To the clerk.) Read the law first.

THe Law
Now read the deposition of Androcleides.
Tue DeEposirion

When we had exchanged oaths, and the articles 12
had been deposited with Androcleides, I divided the
property into two shares, men of the jury. One
share consisted of the house in which Comon himself
had lived, and the slaves engaged in weaving sack-
cloth, and the other of another house and the slaves
engaged in grinding colours. Whatever ready money
Comon left in the bank of Heracleides had been nearly
all spent on his burial and the other funeral rites, and
on the building of his tomb. And after I had divided 13
the property into these two shares, I gave Olympio-
dorus his choice to take whichever of the two shares
he pleased ; and he chose the colour-grinders and the
small house, while I took the weavers and the dwelling-
house. This is what each of us had. Now in the 14
share of this fellow Olympiodorus there was a man,
one of the colour-grinders, whom Comon used to
regard as most faithful to himself ; the man’s name
was Moschion. This slave had a pretty good know-
ledge of all Comon’s other affairs, and in particular
knew where the money was which Comon kept in
the house ; and Comon, who was oldish and who 15
had confidence in him, was unaware that this slave
Moschion was stealing his money. He first stole
from him one thousand drachmae, which sum was

343

16

[1172]

17

18

19

DEMOSTHENES

χιλίας, δραχμὰς χωρίς που κειμένας τοῦ ἄλλου
ἀργυρίου, ἔπειθ᾽ ἑτέρας ἑβδομήκοντα μνᾶς. καὶ
ταῦτα ποιῶν ἐλάνθανε τὸν Κόμωνα, καὶ τὸ
ἀργύριον τοῦθ᾽ ἅπαν εἶχεν αὐτὸς δι’ ἑαυτοῦ ὁ
ἄνθρωπος.

Οὐ πολλῷ δὲ χρόνῳ ὕστερον, ὦ ἄνδρες δικα-
oral, ἢ ἡμεῖς διειλόμεθα τὰς μερίδας, ὑποψία τις
ἐγένετο καὶ αἴσθησις περὶ τἀργυρίου τούτου" ἐκ
δὲ ταύτης τῆς ὑποψίας ἐδόκει ἐμοὶ καὶ τουτῳὶ
᾿Ολυμπιοδώρῳ βασανίζειν τὸν ἄνθρωπον. καὶ ὁ
ἄνθρωπος, ὦ ἄνδρες δικασταί, αὐτὸς αὑτοῦ κατεῖπε,
πρὶν βασανίζεσθαι, ὅτι χιλίας δραχμὰς ὑφέλοιτο
τοῦ Κόμωνος, καὶ ἔφη εἶναι παρ᾽ ἑαυτῷ ὅσον μὴ
ἦν avnAwpévov: περὶ δὲ τοῦ πλείονος ἀργυρίου οὐδ᾽
ὁτιοῦν εἶπεν ἐν τῷ τότε χρόνῳ. καὶ ἀποδίδωσι
περὶ ἑξακοσίας τινὰς δραχμάς. καὶ τούτου τοῦ
ἀργυρίου, οὗ ἀπέδωκεν ὁ ἄνθρωπος, καλῶς καὶ
δικαίως κατὰ τοὺς ὅρκους οὗς ὠμόσαμεν ἡμεῖς καὶ
κατὰ τὰς συνθήκας τὰς κειμένας παρὰ τῷ ᾿Αν-
δροκλείδῃ, τὸ μὲν ἥμισυ ἐγὼ ἔλαβον, τὸ δ᾽ ἥμισυ
οὑτοσὶ ᾿Ολυμπιόδωρος.

Μετὰ δὲ ταῦτ᾽ οὐ πολλῷ χρόνῳ ὕστερον ἐκ
ταύτης τῆς ὑποψίας τῆς πρὸς τὸν οἰκέτην περὶ
τοῦ ἀργυρίου, ἔδησε τὸν ἄνθρωπον καὶ ἐβασάνισεν
οὗτος ἐφ᾽ ἑαυτοῦ, ἡμᾶς δὲ οὐ παρεκάλεσεν, ὀμω-
μοκὼς κοινῇ ζητήσειν καὶ πράξειν μετ᾽ ἐμοῦ πάντα.
καὶ ὁ ἄνθρωπος, ὦ ἄνδρες δικασταί, κατατεινό-
μενος ὑπὸ τῆς βασάνου, προσωμολόγησε καὶ τὰς
ἑβδομήκοντα μνᾶς εἰληφέναι ὑφελόμενος Κόμωνος,
καὶ ἀποδίδωσιν ἅπαν τὸ ἀργύριον τοῦτο ᾿Ολυμ-
πιοδώρῳ τουτῳί. ἐγὼ δ᾽, ὦ ἄνδρες δικασταί,
ἐπειδὴ ἐπυθόμην περὶ τῆς βασάνου τἀνθρώπου
344.

AGAINST OLYMPIODORUS, 15-19

kept separate from the rest of the money, and
afterwards seventy minae more. He was doing this
without Comon’s suspecting it, and the fellow kept
all this money in his own possession.

Soon after we had divided the shares between us,
men of the jury, we became suspicious, and found
out something about this money ; and as a result of
this suspicion Olympiodorus here and I decided to put
the man to the torture. And the fellow, men of the
jury, before he was put to the torture, voluntarily
confessed that he had stolen a thousand drachmae
from Comon, and said that he still had in his quarters
all the money which had not been spent ; but of the
larger sum he did not say a word at that time. So
he paid back about six hundred drachmae. And of
this sum which the man paid back we made a just
and fair division in accordance with the oaths which
we had sworn and the agreement deposited with
Androcleides, I taking one half and the defendant
Olympiodorus the other.

Not long after this, as a result of the suspicion
against the slave in regard to the money, the defend-
ant had the man bound and again put to the torture.
He did this independently by himself without calling
me in, although he had sworn to make all inquiries
and do everything in concert with me. And the
fellow, men of the jury, when racked by the torture
made further confession that he had stolen from
Comon the seventy minae; and he restored this
entire sum to the defendant Olympiodorus. I, on
my part, men of the jury, when I learned that the
man had been tortured, and that he had restored

345

—

8

DEMOSTHENES

Kal OTL ἀποδεδωκὼς εἴη τὸ ἀργύριον, ἐνόμιζόν μοι
ἀποδώσειν τοῦτον τὸ ἥμισυ τοῦ ἀργυρίου, ὥσπερ
καὶ τὸ πρότερον ἀπὸ τῶν χιλίων δραχμῶν ἀπέδω-
κεν. καὶ εὐθὺς μὲν. οὐ πάνυ τι ἠνώχλουν τούτῳ,
ἡγούμενος αὐτὸν τοῦτο γνώσεσθαι καὶ διοικήσειν
καὶ ἐμοὶ καὶ ἑαυτῷ, ὅπως ἑκάτερος ἡμῶν ἕξει τὰ
δίκαια κατὰ τοὺς ὅρκους καὶ τὰς συνθήκας τὰς
πρὸς ἡμᾶς αὐτούς, περὶ τοῦ ἰσομοιρεῖν ἁπάντων

20 ὧν Κόμων ἦν καταλελοιπώς" ἐπειδὴ δ᾽ ἐνδιέτριβε
καὶ οὐδὲν ἐποίει, διελεγόμην τουτῳὶ ᾿Ολυμπιοδώρῳ,
καὶ ἠξίουν ἀπολαμβάνειν τὸ ἐμαυτοῦ μέρος τοῦ ἀρ-

[1173] γυρίου. οὑτοσὶ δ᾽ ᾿Ολυμπιόδωρος ἀεί τι προὐφα-
σίζετο καὶ ἀναβολὰς ἐποιεῖτο. καὶ ἐν τούτῳ
τῷ καιρῷ ἕτεροί τινες ἔλαχον τοῦ κλήρου τοῦ
Κόμωνος, καὶ ὁ Κάλλιππος ἐπεδήμησεν ἐκ τῆς
ἀποδημίας, ὁ ἐμὸς ἀδελφὸς ὁ ὁμοπάτριος" καὶ

21 οὗτος ἔλαχεν εὐθὺς τοῦ ἡμικληρίου. καὶ τουτῳὶ
᾿Ολυμπιοδώρῳ πρόφασις καὶ αὕτη ἐγένετο πρὸς
τὸ μὴ ἀποδιδόναι μοι τὸ ἀργύριον, ἐπειδὴ πολ-
λοὶ ἦσαν οἱ ἀμφισβητοῦντες, καὶ ἔφη χρῆναί με
περιμεῖναι, ἕως ἂν οἱ ἀγῶνες γένωνται. καὶ ἐμοὶ
ἀνάγκη ἦν ταῦτα συγχωρεῖν, καὶ συνεχώρησα.

22 Μετὰ δὲ ταῦτα ἐβουλευόμεθα καὶ ἐγὼ καὶ ov-
Tool ᾿θΟλυμπιόδωρος κοινῇ, ὥσπερ καὶ ὠμόσαμεν,
ὅντινα τρόπον ἄριστα καὶ ἀσφαλέστατα προσ-
οισόμεθα πρὸς τοὺς ἀμφισβητοῦντας. καὶ ἔδοξεν
ἡμῖν, ὦ ἄνδρες δικασταί, τουτονὶ μὲν ᾿Ολυμπιό-
δωρον τοῦ κλήρου ὅλου ἀμφισβητεῖν, ἐμὲ δὲ τοῦ
ἡμικληρίου, ἐπειδὴ καὶ Κάλλιππος ὁ ἀδελφὸς ὁ

23 ἐμὸς τοῦ ἡμικληρίου μόνον ἠμφεσβήτει. καὶ
ἐπειδὴ ἀνεκρίθησαν πρὸς τῷ ἄρχοντι. ἅπασαι αἱ
ἀμφισβητήσεις καὶ ἔδει ἀγωνίζεσθαι ἐν τῷ δικα-

946

AGAINST OLYMPIODORUS, 19-23

the money, supposed that Olympiodorus would pay
me half the amount, just as he had before paid me
half of the one thousand drachmae. At first I did
not press him, thinking that he would recognize his
obligation and arrange matters for my interest and
his own, so that each of us should have what was fair
in accordance with our oaths and our mutual agree-
ment to share equally in all that Comon left ; but 20
since he delayed, and did nothing, I had a talk with
this man Olympiodorus, and demanded that I receive
my share of the money. But Olympiodorus here
kept finding one excuse after another, and putting
me off. Moreover, at this very time some other
people filed claims to the estate of Comon, and
Callippus, my brother on my father’s side, returned
from abroad; and he too filed a claim for half
the estate. So Olympiodorus found in this another 21
excuse for not paying me the money, since there
were many who were laying claim to the estate ;
and he said that I must wait until the suits were
settled. And I had to consent to this, and I did
consent.

After this the defendant Olympiodorus and I took 22
counsel together, as we had sworn to do, to determine
the best and safest way to deal with the other claim-
ants. And we decided, men of the jury, that the
defendant Olympiodorus should lay claim to the whole
estate, and that-I should claim a half, seeing that my
brother Callippus claimed a half only. When all the 23
claims had been heard before the archon, and the
cases were due to be tried in court, the defendant

347

24

[1174]

27

DEMOSTHENES

αὐ
στηρίῳ, ἀπαράσκευοι ἦμεν τὸ παράπαν πρὸς τὸ
"ὃ = ͵7ὔ ’ A \ > pr "ὃ ΄- ,
ἤδη ἀγωνίζεσθαι ἐγὼ Kat ᾿Ολυμπιόδωρος οὑτοσί,
διὰ τὸ ἐξαίφνης ἐπιπεπτωκέναι ἡμῖν πολλοὺς τοὺς
~ ~ >
ἀμφισβητοῦντας. ἐκ δὲ τῶν ὑπαρχόντων ἐσκο-
~ ~ > ~
ποῦμεν κοινῇ, εἴ πως ἀναβολή τις γένοιτο ἐν τῷ
~ >
παρόντι, ὥστε παρασκευάσασθαι ἡμᾶς καθ᾽ ἡσυ-
~ ‘A
xlav πρὸς τὸν ἀγῶνα. καὶ κατὰ τύχην τινὰ Kal
δαίμονα ὑμεῖς ἐπείσθητε ὑπὸ τῶν ῥητόρων εἰς
Α
᾿Ακαρνανίαν στρατιώτας ἐκπέμπειν, καὶ ἔδει καὶ
τουτονὶ ᾿Ολυμπιόδωρον στρατεύεσθαι, καὶ ᾧχετο
μετὰ τῶν ἄλλων “στρατευόμενος. καὶ συνεβεβήκει,
ὡς φόμεθα ἡμεῖς, αὕτη καλλίστη ἀναβολή, δη-
μοσίᾳ τούτου ἀποδημοῦντος στρατευομένου. ἐπειδὴ
δ᾽ ἐκάλει ὁ ἄρχων εἰς τὸ δικαστήριον ἅ ἅπαντας τοὺς
ἀμφισβητοῦντας κατὰ τὸν νόμον, ὑπωμοσάμεθα
ἡμεῖς τουτονὶ ᾿Ολυμπιόδωρον δημοσίᾳ ἀπεῖναι
στρατευόμενον. ὑπομοθέντος δὲ τούτου, ἀνθυπ-
’ὔ τ > ,ὔ A 7ὔ >
ὠμόσαντο οἱ ἀντίδικοι, καὶ διαβάλλοντες ᾿Ολυμ-
πιόδωρον τουτονί, ὕστεροι ἡμῶν λέγοντες, ἔπεισαν
τοὺς δικαστὰς ψηφίσασθαι τῆς δίκης ἕνεκ᾽ ἀπεῖναι
τοῦτον καὶ οὐ δημοσίᾳ. ψηφισαμένων δὲ ταῦτα
~ ~ ,ὔ ΞΕ « yy τὰ Ἂς
τῶν δικαστῶν, διέγραψεν ὁ ἄρχων Πυθόδοτος κατὰ
τὸν νόμον τὴν τουτουὶ ᾿Ολυμπιοδώρου ἀμφιο-
/
βήτησιν. διαγραφείσης δὲ ταύτης, ἐξ ἀνάγκης
καμοὶ ἦν ἐκλιπεῖν τὴν τοῦ ἡμικληρίου ἀμφισ-
βήτησιν. γενομένων δὲ τούτων, ἐπεδίκασεν ὃ
ἄρχων τοῖς ἀντιδίκοις τοῖς ἡμετέροις τὸν κλῆρον
τὸν Kouwvos: ταῦτα γὰρ ot νόμοι αὐτὸν ἠνάγκαζον
΄ » A > - 4 , A , ~
ποιεῖν. ἐπειδὴ δ᾽ ἐπεδικάσαντο, εὐθὺς εἰς [Πειραιᾶ
- / A / >) oe ε ~ >
ἐλθόντες παρελάμβανον πάνθ᾽ ὅσα ἡμῶν εἶχεν

Acarnania was a state on the west coast of Greece,
north of the Gulf of Corinth.

548

AGAINST OLYMPIODORUS, 23-27

Olympiodorus and I were wholly unprepared for an
immediate trial because those who had suddenly
appeared as claimants were so many. However, in
view of the situation that had developed, we looked
into things jointly to see if in any way a bee ees
ment could be brought about for the present,

that we might get ourselves ready for the trial A
our leisure. And it happened by a piece of good
luck that you were persuaded by the politicians to
despatch troops into Acarnania,® and the defendant
Olympiodorus was among those called to service,
and he departed with the others on the expedition.
Thus had come about, as we thought, an excel-
lent ground for postponement, the defendant being
abroad on military service. So, when the archon
summoned into court all those who were filing
claims according to law, I entered a sworn state-
ment, asking postponement on the ground that the
defendant Olympiodorus was abroad on military
service, but to this sworn statement our adversaries
opposed another, attacking Olympiodorus ; and as
they had the last word, they induced the jurors to
decide that the defendant was absent on account of
the trial and not on public service. When the jurors
had thus decided, the archon Pythodotus ὃ in accord-
ance with the law struck out the claim of the de-
fendant ; and when this claim was stricken out I
necessarily had to abandon my claim to half the
estate. After these steps had been taken, the archon
adjudged the estate of Comon to our opponents ; for
the laws compelled him to do so. They, as soon
as they had won the adjudication, went at once to
the Peiraeus and proceeded to take over all that

> The date was 343 B.c.

349

bo

bo

bo
P)

bo

28

[1175]

30

DEMOSTHENES

ἑκάτερος νειμάμενος ἐν TH μερίδι. κἀγὼ μὲν
ἐπιδημῶν αὐτὸς παρέδωκα (ἀνάγκη γὰρ ἣν πεί-
θεσθαι τοῖς νόμοις), τὰ δ᾽ ᾿Ολυμπιοδώρου, ἀπο-
δημοῦντος τούτου, ἅπαντα ᾧχοντο λαβόντες,
πλὴν τοῦ ἀργυρίου οὗ εἶχεν αὐτὸς παρὰ τοῦ ἀνθρώ-
που τοῦ οἰκέτου, ὃν ἐβασάνισεν' οὐ γὰρ εἶχον
ὅπου ἐπιλάβοιντο τοῦ ἀργυρίου.

Kat τὰ μὲν πραχθέντα ταῦτ᾽ ἣν ἐν τῇ ἀποδημίᾳ
τῇ ᾿Ολυμπιοδώρου, καὶ τῆς κοινωνίας τῆς πρὸς
τοῦτον ταῦτ᾽ ἐγὼ ἀπέλαυσα. ἐπειδὴ δ᾽ ἐπεδή-
μησεν οὗτος καὶ οἱ ἄλλοι στρατιῶται, ἠγανάκτει
᾿Ολυμπιόδωρος οὑτοσί, ὦ ἄνδρες δικασταί, ἐπὶ
τοῖς συμβεβηκόσι, καὶ ἡγεῖτο δεινὰ πεπονθέναι.
ἐπειδὴ δὲ μεστὸς ἐγένετο ἀγανακτῶν, ἐσκοποῦμεν
πάλιν καὶ ἐβουλευόμεθα κοινῇ ἐγὼ καὶ ᾿Ολυμπιό-
δωρος οὑτοσί, ὅντινα τρόπον τούτων τι πάλιν
κομιούμεθα. καὶ ἐδόκει ἡμῖν βουλευομένοις προσ-
καλεῖσθαι τοὺς ἐπιδεδικασμένους κατὰ τὸν νόμον,
καὶ ἐκ τῶν ὑπαρχόντων ἀσφαλέστατον εἶναι, μὴ
ἐν τῷ αὐτῷ ἡμᾶς ἀμφοτέρους τὸν κίνδυνον ποιεῖ-
σθαι πρὸς τοὺς ἀμφισβητοῦντας, ἀλλὰ χωρὶς
ἑκάτερον, καὶ τουτονὶ μὲν ᾿Ολυμπιόδωρον ὅλου
τοῦ κλήρου λαχεῖν, ὥσπερ τὸ πρότερον, καὶ
ἀγωνίζεσθαι καθ᾽ αὑτόν, ἐμὲ δὲ τοῦ ἡμικληρίου,
ἐπειδὴ καὶ Κάλλιππος ὁ ἀδελφὸς ὁ ἐμὸς τοῦ
ἡμικληρίου μόνον ἠμφεσβήτει, ὅπως, ἐὰν μὲν
᾿Ολυμπιόδωρος οὑτοσὶ ἐπιτύχῃ τοῦ ἀγῶνος, ἐγὼ
κατὰ τὰς συνθήκας καὶ τοὺς ὅρκους πάλιν τὸ μέρος
λάβοιμι παρὰ τούτου, ἐὰν δ᾽ ap ἀποτύχῃ καὶ τὰ
ἕτερα ψηφίσωνται οἱ δικασταί, οὗτος παρ᾽ ἐμοῦ
τὰ μέρη καλῶς καὶ δικαίως Ἐν Ἔστι. ὥσπερ
ὠμόσαμεν ἀλλήλοις καὶ συνεθέμεθα. ἐπειδὴ δὲ
950

AGAINST OLYMPIODORUS, 27-30

either of us had received from the division. I,
being at home, voluntarily gave over to them what
I had (for it was necessary to obey the laws), but since
Olympiodorus was abroad, they carried off all his
effects except the money which he had separately
taken from the man—the slave whom he had put to
the torture ; for they had no means of getting hold
of that money.

Such were the events which happened in the ab-
sence of Olympiodorus, and such the benefit I derived
from my association with him. But when he returned
with the rest of the troops, the defendant Olympio-
dorus was indignant, men of the jury, at what had
occurred, and thought he had been outrageously
treated. However, when he was at the height of
his indignation, we again looked matters over, the
defendant Olympiodorus and I, and took counsel
together to see how we could get back something of
what we had lost. And as a result of our consultation 2
we decided to summon into court in due legal form
those who had had the property adjudged to them ;
and in the circumstances it seemed to be the safest
course not to risk a joint suit against the other
claimants, but for each to act separately ; and for
the defendant Olympiodorus to enter suit for the
whole estate as he had done before, and conduct his
case by himself, and for me to enter suit for a half,
since my brother Callippus claimed the half only : so 30
that, if Olympiodorus should win his case, I, in
accordance with our agreement and our oaths, might
recover my share from him, while, if he should lose it
and the jurors give an adverse verdict, he might fairly
and honestly recover his share from me in accordance
with our oaths and the agreement made between us.

351

bo

8

Θ᾽
Ὁ

91

[1176]

33

DEMOSTHENES

A / > ΜΝ
ταῦτ᾽ ἐβουλευσάμεθα καὶ ἐδόκει ἀσφαλέστατ᾽ εἶἷ-
/
vat καὶ ἐμοὶ καὶ ᾿Ολυμπιοδώρῳ, προσεκλήθησαν
“- \ εὐ
ἅπαντες οἱ ἔχοντες τὰ τοῦ Κόμωνος κατὰ τὸν
νόμον.
/ > / \ / > Δ « /
Kai μοι ἀνάγνωθι τὸν νόμον, καθ᾽ ὃν ἡ πρόσ-
κλησις ἐγένετο.

ΝΟΜΟΣ

Κατὰ τὸν νόμον τοῦτον, ὦ ἄνδρες δικασταί, ἡ
πρόσκλησις ἐγένετο, καὶ τὰς ἀμφισβητήσεις ἀντ-
εγραψάμεθα, ὃν τρόπον τουτῳὶ ἐδόκει ᾽Ολυμπιο-
δώρῳ. καὶ μετὰ ταῦθ᾽ ὁ ἄρχων ἀνέκρινε πᾶσιν
ἡμῖν τοῖς ἀμφισβητοῦσι, καὶ ἀνακρίνας εἰσήγαγεν
εἰς τὸ δικαστήριον. καὶ οὑτοσὶ ᾿Ολυμπιόδωρος
ἠγωνίζετο πρῶτος, καὶ ἔλεγεν 6 τι ἐβούλετο, καὶ
μαρτυρίας παρείχετο ἃς ἐδόκει τούτῳ: κἀγώ, ὦ
ἄνδρες δικασταί, σιωπῇ ἐκαθήμην ἐπὶ τοῦ ἑτέρου
βήματος. τοῦτον δὲ τὸν τρόπον κατασκευασθέντος
τοῦ ἀγῶνος ἐνίκησε ῥᾳδίως. νικήσας δὲ καὶ
διαπραξαμένων ἅπανθ᾽ ὅσα ἠβουλήθημεν ἐν τῷ
δικαστηρίῳ, καὶ ἀπολαβὼν παρὰ τῶν πρότερον
ἐπιδικασαμένων ὅσα ἦσαν ἐκεῖνοι παρ᾽ ἡμῶν
εἰληφότες, ταῦτα δὴ πάντ᾽ ἔχων καὶ τὸ ἀργύριον
ὃ ἔλαβε παρὰ τοῦ ἀνθρώπου τοῦ βασανισθέντος,
οὐδ᾽ ὁτιοῦν ἠθέληκε τῶν δικαίων πρός με ποιῆσαι,
ἀλλ᾽ ἔχει αὐτὸς ἅπαντα, ὀμωμοκὼς καὶ συνθήκας
πρός με ποιησάμενος ἢ μὴν ἰσομοιρήσειν. καὶ
αἱ συνθῆκαι αὗται ἔτι καὶ νυνὶ κεῖνται παρὰ τῷ
᾿Ανδροκλείδῃ, καὶ μεμαρτύρηκεν αὐτὸς πρὸς ὑμᾶς.
βούλομαι δὲ καὶ περὶ τῶν ἄλλων ἁπάντων ὧν
εἴρηκα μαρτυρίας ὑμῖν παρασχέσθαι, πρώτιστον

or
Doe

AGAINST OLYMPIODORUS, 30-33

After we had reached this conclusion, and it seemed
safest both for Olympiodorus and for me, all those
who were in possession of the estate of Comon were
summoned according to law.

(To the clerk.) Read, please, the law in accordance
with which the summons was given.

Tue Law

It was in accordance with this law, men of the jury,
that the summons was given, and that we filed our
counter-claims in the manner approved by Olympio-
dorus. After this the archon conducted the pre-
liminary examination for all claimants, and when he
had concluded this he brought the case into court.
The defendant Olympiodorus was the first to plead,
and he said whatever he pleased and offered what-
ever testimony he saw fit, while I, men of the jury,
sat in silence on the opposite platform. Since the
trial had been fixed in this way, Olympiodorus easily

won his case ; but when he had got the verdict and :

we had accomplished in the court-room all that we
wished, when he had recovered from those who had
previously won the adjudication all that they had
taken from us,—although he has all this now in his
possession as well as the money which he got from the
slave who was put to the torture, he has refused to
do anything whatever that is fair toward me, but
keeps everything himself, even though he has given
his oath and made an agreement with me that in very
truth we should take equal shares. These articles of
agreement are still up to this day in the custody of
Androcleides, who has himself given testimony before
you. I wish, however, to bring before you depositions
proving all the other statements I have made, but

VOL. II Qa 353

DEMOSTHENES

μὲν τὸ ἐξ ἀρχῆς ὅτι ἐγὼ καὶ οὗτος ἡμῖν αὐτοῖς
δικάσαντες ἐνειμάμεθα τὸ ἴσον ἑκάτερος τῆς φα-
νερᾶς οὐσίας ἧς Κόμων κατέλιπεν.

Καί μοι λαβὲ ταύτην τὴν μαρτυρίαν πρῶτον,
ἔπειτα τὰς ἄλλας ἁπάσας ἀναγίγνωσκε.

MAPTYPIA

34 Λαβὲ δή μοι καὶ τὴν πρόκλησιν, ἣ ἣν προὐκαλεσά-
μὴν αὐτὸν περὶ τοῦ ἀργυρίου οὗ ἔλαβε παρὰ τοῦ
ἀνθρώπου τοῦ βασανισθέντος.

ΠΡΟΚΛΗΣΙΣ

᾿Αναγίγνωσκε δὴ καὶ τὴν ἑτέραν μαρτυρίαν, ὅτι,
ἐπειδὴ ἐπεδικάσαντο οἱ ἀντίδικοι ἡμῶν, ἅπαντα
[1177] παρέλαβον ὃ ὅσα ἡμεῖς εἴχομεν, πλὴν τῶν χρημάτων
ὧν εἶχεν ᾿Ολυμπιόδωρος παρὰ τοῦ βασανισθέντος
ἀνθρώπου.
ΜΑΡΤΎΡΙΑ

\ > > ~
35 “Ov μὲν τρόπον, ὦ avdpes δικασταί, ἐξ ἀρχῆς
7
διενειμάμεθα τὴν Κόμωνος οὐσίαν τὴν φανερὰν
ἐγὼ καὶ ᾿Ολυμπιόδωρος, καὶ λόγῳ ἀκηκόατε, καὶ
μεμαρτύρηται ὑμῖν, καὶ ὡς οὗτος τὸ ἀργύριον
ἔλαβε παρὰ τοῦ ἀνθρώπου τοῦ οἰκέτου, καὶ ὅτι
οἱ ἐπιδικασάμενοι ἔλαβον ὅσα ἡμεῖς εἴχομεν, ἕως
/ - > a
36 πάλιν οὗτος ἐνίκησεν ἐν τῷ δικαστηρίῳ. ἃ δὲ
/ > > / , x > > / ~ ; /
λέγων οὐκ ἀποδίδωσί μοι οὐδ᾽ ἐθέλει τῶν δικαίων
¢€ ~ A
οὐδ᾽ ὁτιοῦν ποιεῖν, τούτοις ἤδη προσέχετε TOV
νοῦν, ὦ ἄνδρες δικασταί, ἵνα μὴ αὐτίκ᾽ ἐξαπατή-
- ¢ ε
σωσιν ὑμᾶς οἱ ῥήτορες, οὗς οὑτοσὶ παρεσκεύασται
ἐπ᾽ ἐμέ.
/ \ e 5 / > / > 3 og, nv
Λέγει μὲν οὗτος οὐδέποτε ταὐτά, ἀλλ᾽ Oo τι ἂν
354

AGAINST OLYMPIODORUS, 33-36

first of all, to prove that at the outset the defendant
and I, having settled our differences by ourselves, took
each an equal share of all the property left by Comon
of which we had knowledge.

(To the clerk.) Take, please, this deposition first,
and then read all the rest.

Tue Deposition

Now, please take the challenge which I tendered 34
him regarding the money which he got from the slave
who was put to the torture.

THe CHALLENGE

Read now the other deposition, too, proving that,
when our opponents had received the adjudication,
they took from us all that we had except the money
which Olympiodorus got from the man who was put to
the torture.

Tue Deposition

In what way, men of the jury, Olympiodorus and 35
I originally divided between us the visible estate of
Comon, you have both heard from my statement, and
it has been proved to you by witnesses ; and you have
also learned that the defendant got the sum of money
from the slave, and that those who had previously
won the adjudication took all that was in our posses-
sion, until Olympiodorus won a verdict in the second
trial. Now hear the reason which he gives for not 36
paying me what is due, and for refusing to do anything
whatever that is fair ; and to this, men of the jury, I
bid you give close heed, in order that you may not be
misled presently by the orators whom he has engaged
against me.
This defendant never says the same thing, but
355

37

38

39
[1178]

40

DEMOSTHENES

τύχῃ ἀεί, καὶ περιϊὼν προφάσεις ἀτόπους τινὰς καὶ
ὑπονοίας καὶ αἰτίας ψευδεῖς ἐπιφέρει, καὶ περὶ
τὸ πρᾶγμ᾽ ὅλον ἀδικός ἐστιν ἄνθρωπος. πλεῖ-
στοι δ᾽ αὐτοῦ ἀκηκόασι λέγοντος, οἱ μὲν ὅτι τὸ
παράπαν οὐκ ἔλαβε τὸ ἀργύριον παρὰ τἀνθρώ-
που" ἐπειδὰν δὲ τοῦτ᾽ ἐξελέγχηται, πάλιν λέγει
ὅτι παρὰ τοῦ αὑτοῦ ἀνθρώπου ἔχει τὸ ἀργύριον,
καὶ οὐ μεταδώσει ἐ ἐμοὶ οὔτε τοῦ ἀργυρίου οὔτε τῶν
ἄλλων οὐδενὸς ὧν κατέλιπε Κόμων. ἐπειδὰν δέ
τις αὐτὸν τῶν ἐπιτηδείων τῶν τούτου καὶ τῶν
ἐμῶν ἐρωτᾷ, διὰ τί οὐκ ἀποδώσει ὁμωμοκὼς
ἰσομοιρήσειν καὶ τῶν συνθηκῶν ἔτι καὶ νυνὶ κει-
μένων, φησί με παραβεβηκέναι τὰς συνθήκας, καὶ
δεινὰ πεπονθέναι ὑπ᾽ ἐμοῦ, καὶ διατελέσαι μέ
φησιν ὑπεναντία καὶ λέγοντα καὶ πράττοντα ἑαυτῷ.
καὶ ἃ μὲν προφασίζεται, ταῦτ᾽ ἔστιν. ἃ μὲν οὖν,
ὦ ἄνδρες δικασταί, οὗτος λέγει, ὑπόνοιαι πλασταί
εἰσι καὶ προφάσεις ἄδικοι καὶ πονηρίαι, ἐπὶ τῷ
ἀποστερῆσαι ἃ προσήκει αὐτὸν ἀποδοῦναι ἐμοί.
ἃ δ᾽ ἐγὼ ἐρῶ πρὸς ὑμᾶς, ὅτι οὗτος ψεύδεται, ταῦτα
δὲ ee μὲν οὐδεμία ἔσται, φανερῶς δ᾽ ἐπι-
δείξω τὴν τούτου ἀναισχυντίαν, τεκμήρια λέγων
ἀληθινὰ καὶ πᾶσι γνώριμα, καὶ μάρτυρας παρεχό-
μενος περὶ ἁπάντων.

Πρῶτον μὲν οὖν, ὦ ἄνδρες δικασταί, λέγω, ὅτι
οὗτος διὰ τοῦτο τοῖς οἰκείοις καὶ τοῖς ἐπιτηδείοις
τοῖς ἑαυτοῦ καὶ τοῖς ἐμοῖς, τοῖς εἰδόσιν ἀκριβῶς
ἕκαστα ταῦτα τὰ πράγματα ws ἔχει καὶ παρ-
ηκολουθηκόσιν ἐξ ἀρχῆς, οὐκ ἠθέλησεν ἐπιτρέψαι"
ἀκριβῶς yap noe ὅτι εὐθὺς παραχρῆμα ὑπ᾽ αὐτῶν
ἐξελεγχθήσεται, ἐάν τι ψεύδηται: νυνὶ δ᾽ ἴσως

956

AGAINST OLYMPIODORUS, 36-40

one thing now and another then, just as it happens.
He goes about bringing forward absurd excuses, base-
less insinuations, and false charges, and acts in the
whole business as a man of bad faith. Hosts of people
have heard him say, sometimes that he never got
the money from the slave at all; but again, when
the contrary has been proved, he says that he got the
money from his own slave, and that he will give me no
share of this money or ae anything else ge the estate
which Comon left. And when anyone of our common
friends asks him why he refuses to pay me, when he
has sworn to share everything equally and when the
articles of agreement are still in custody, he asserts
that I have ieroeen the agreement and have treated
him outrageously, and nee states that I have all along
been speaking and acting in oppositiontohim. These
are the excuses he offers. The statements which the
fellow makes, men of the jury, are insinuations which
he has himself made up, false excuses, and bits of
trickery, got up with a view to defrauding me of what
he ought to pay me. But what I shall say to you to
prove “that he is lying will be no mere insinuation ;
on the contrary I shall prove in glaring fashion his
shamelessness, advancing proofs that are trustworthy
and known to everybody, and bringing forward
witnesses regarding every point.

In the first place, men of the jury, I say that the
defendant refused to refer our differences to our com-
mon friends and relatives who had full knowledge of
all the circumstances of the case, and had followed
them from the beginning; for this reason, that he had
full knowledge that if he made use of any falsehoods,
he would be refuted by them on the spot, whereas he
thinks that now he may perhaps lie before you without

357

38

40

4]

42

43
[1179] &

44

DEMOSTHENES

ἡγεῖται ψευδόμενος ἐ ἐν ὑμῖν λήσειν. πάλιν λέγω ὅτι
οὐκ ἀκόλουθόν ἐστιν, ὑπεναντία μὲν πράττειν σοι,
ὦ ᾿Ολυμπιόδωρε, ἐμέ, κοινῇ δ᾽ ἀναλίσκειν μετὰ
σοῦ εἰς 6 τι ἀεὶ δέοι, οὐδ᾽ ἐκλιπεῖν τὴν ἀμφισβή-
TOW αὐτὸν ἑκόντα, OTE ἀπεδήμεις σύ, ἐπειδὴ καὶ
ἡ σὴ διεγράφη δόξαντός σου ἕνεκα τῆς δίκης
ἀπεῖναι καὶ οὐ δημοσίᾳ. ἐξῆν γὰρ ἔμοιγε τοῦ
ἡμικληρίου ἐπιδικάσασθαι ἐμαυτῷ" οὐδεὶς γάρ “μοι
ἀνθρώπων ἀντέλεγεν, ἀλλὰ συνεχώρουν αὐτοὶ οἱ
ἀντίδικοι. ἀλλὰ ταῦτα ποιήσας εὐθὺς ἂν ἦν
ἐπιωρκηκώς" ὥμοσα γὰρ καὶ συνεθέμην πρὸς σὲ
κοινῇ πράξειν ἅπαν, ὅ τι ἂν δοκῇ ἐμοὶ καὶ σοὶ
βουλευομένοις βέλτιστον εἶναι. ὥστε ὑπεραβέλ-
τεροί εἰσιν αἱ προφάσεις καὶ αἵ αἰτίαι, δι᾿ ἃς οὐδέν
μοι ι φὴς ποιήσειν τῶν δικαίων. ἔτι πρὸς τούτοις
ἡγεῖ av μ᾽ ἐπιτρέπειν σοι, ᾿Ολυμπιόδωρε, ἐ ἐν τῷ
τελευταίῳ ἀγῶνι τῷ περὶ τοῦ κλήρου, ἢ ἃ ἔλεγες
πρὸς τοὺς δικαστάς, εἰκῇ οὑτωσὶ λέγειν, ἢ περὶ
ὧν τὰς μαρτυρίας παρέσχου, οὕτως ἂν παρα-
σχέσθαι, εἰ μὴ μετὰ σοῦ κοινῇ ,»συνηγωνιζόμην;
οὗτος γάρ, ὦ ἄνδρες δικασταί, τά τ, ἄλλα ἔλεγεν
ὅ τι ἐβούλετο ἐν τῷ δικαστηρίῳ, καὶ κατεχρήσατο
πρὸς τοὺς δικαστὰς ὁ ὅτι ἐγὼ τὴν οἰκίαν, ἣν ἔλαβον
ἐν τῇ μερίδι. τῇ ἐμαυτοῦ μεμισθωμένος εἴην παρ᾽
αὐτοῦ, καὶ τὸ ἀργύριον ὃ ἔλαβον, τὸ ἥμισυ τὸ ἀπὸ
τῶν ον δραχμῶν τῶν παρὰ τοῦ οἰκέτου, ὅτι
ἐδανεισάμην παρὰ τούτου. καὶ οὐ μόνον ἔλεγε
ταῦτα, ἀλλὰ καὶ “μαρτυρίας παρείχετο περὶ τούτων.
κἀγὼ οὐδ᾽ ὁτιοῦν ἀντέλεγον τούτοις, οὐδ᾽ ἤκουσέ
μου φωνὴν οὐδεὶς ἀνθρώπων, ὅτε οὗτος ἠγωνίζετο,
οὔτε μικρὰν οὔτε μεγάλην, ἀλλὰ προσωμολόγουν
ἀληθῆ εἶναι πάνθ᾽ ὅσα οὗτος ἠβούλετο λέγειν.
358

AGAINST OLYMPIODORUS, 41-44

being detected. Again I say, it is not consistent, 41
Olympiodorus, that I should act in opposition to you,
and yet should join with you in expending whatever
from time to time became necessary, or that I should
myself voluntarily abandon my claim, when you were
abroad and your claim was stricken off because it was
thought that you were absent on account of the trial
and not on public service. For it was open to me to
press my own claim for one-half the estate ; no human
being opposed my claim, but my opponents themselves
allowed it. However, had I done this, I should by 42
that very act have perjured myself, for I had sworn
and contracted with you to do in concert with you
whatever should seem to us on consultation to be best.
Therefore the pretexts and charges on which you base
your refusal to act fairly toward me are absolutely
silly. And furthermore—do you suppose, Olympio- 43
dorus, that in the last trial for the estate I should have
permitted you either to utter so recklessly the state-
ments which you made to the jury, or to bring forward
witnesses as you did regarding the points you wished
to prove, if I had not been acting in concert with you
in the trial? For the fellow, men of the jury, said 44
everything else that he pleased in the court-room, and
emphatically stated to the jurymen that I had rented
from him the house which I received as part of my
share, and that I had borrowed of him the money
which I received—the half, that is, of the thousand
drachmae recovered from the slave. And he not only
made these statements, but he produced depositions
to support them. And I said nothing whatever
against all this, nor did any human being hear a
syllable aloud or muttered from me while he was
supporting his claim, but I admitted the truth of

359

45

46
[1180]

47

DEMOSTHENES

~ \ > / ~ }
κοινῇ yap ἠγωνιζόμην μετὰ σοῦ, ὥσπερ ἔδοξεν
> \ \ / > \ > 10 oy) ~ > > a a /
ἐμοὶ καὶ σοί. ἐπεὶ εἰ μή ἐστι ταῦτ᾽ ἀληθῆ ἃ λέγω,

\ / lal
διὰ τί οὐκ ἐπεσκηψάμην ἐγὼ τότε τοῖς μάρτυσι
τοῖς ταῦτα μαρτυροῦσιν, ἀλλ᾽ ἡσυχίαν εἶχον πολλήν;
δ ὃ \ / / > λ "ὃ > / / ”

ἢ διὰ τί σύ, ᾿Ολυμπιόδωρε, οὐδεπώποτέ μοι ἔλαχες
ἐνοικίου δίκην τῆς οἰκίας, ἧς ἔφασκες μισθῶσαί
~ Ss ~ 5» “4
μοι ὡς σαυτοῦ οὖσαν, οὐδὲ τοῦ ἀργυρίου, οὗ ἔλεγες
πρὸς τοὺς δικαστὰς ὅτι ἐδάνεισάς μοι, τούτων
Ε \ > / a ~ Ἃ ~ »
οὐδὲν ἐποίησας; ὥστε πῶς ἂν μᾶλλον ἄνθρωπος
> / ΄ \ « / / Ψ \
ἐξελέγχοιτο ψευδόμενος καὶ ὑπεναντία λέγων αὐτὸς
αὑτῷ καὶ αἰτιώμενος τὰ οὐδεπώποτε γενόμενα;

Δ \ / / 4, > CO) »

O δὲ πάντων μέγιστόν ἐστιν, ὦ ἀνδρες δικα-
σταί, ᾧ καὶ γνώσεσθε τοῦτον ὅτι ἄδικός ἐστι καὶ
πλεονέκτης ἄνθρωπος" ἐχρῆν γὰρ αὐτόν, εἴ τι ἀλη-
θὲς ἦν ὧν λέγει, πρότερον ταῦτα λέγειν καὶ ἐπιδεικ-

~ \ ~
νύειν, πρὶν Tov ἀγῶνα γενέσθαι καὶ διαπειραθῆναι
τῶν δικαστῶν ὅ τι γνώσονται, καὶ παραλαβόντα
πολλοὺς μάρτυρας ἀξιοῦν ἀναιρεῖσθαι τὰς συνθήκας
παρὰ τοῦ ᾿Ανδροκλείδου, ὡς παραβαίνοντος ἐμοῦ
καὶ τἀναντία πράττοντος ἑαυτῷ καὶ οὐκέτι κυρίων
~ ~ ~ > ~
οὐσῶν τῶν συνθηκῶν ἐμοὶ καὶ τούτῳ, καὶ τῷ
᾿Ανδροκλείδῃ τῷ ἔχοντι τὰς συνθήκας διαμαρτύ-
ρασθαι, ὅτι αὐτῷ οὐδέν ἐστιν ἔτι πρᾶγμα πρὸς
var) ~ >
τὰς συνθήκας ταύτας. ταῦτ᾽ ἐχρῆν αὐτόν, ὦ ἀν-
ὃρες δικασταί, εἴπερ τι ἦν ἀληθὲς ὧν λέγει, καὶ
Ὁ ᾿Ανδροκλείδῃ ὃ ήύρεσθ
μόνον προσιόντα τῷ ᾿Ανδροκλείδῃ διαμαρτύρεσθαι
καὶ μετὰ μαρτύρων πολλῶν, ἵν᾽ αὐτῷ πολλοὶ ἦσαν
οἱ συνειδότες.
a \ tp > \ / 3 > if > ~
Ore δὲ τούτων οὐδὲν πώποτ᾽ ἐποίησεν, αὐτοῦ

360

AGAINST OLYMPIODORUS, 44-47°

everything he chose to say. For I was co-operating
with you, Olympiodorus, according to our agree-

ment. If what I am saying is not true, why did I 45

not proceed against the witnesses who gave this
evidence instead of keeping absolute silence? Or
why did you, Olympiodorus, never sue me for the
rent of the house which you alleged was your own
and had been rented by you to me; or for the money
which you told the jurymen you had lent me? Why,
Isay, did you do neither of these things? How,
then, could any man be more clearly convicted than
you have been of lying, of making contradictory
statements, and of preferring charges that lack all
foundation ?

But here is the strongest proof of all, which will 46

convince you, men of the jury, of his bad faith and
covetousness. If there were any truth in what he
says, he should have stated it and proved it before the
trial came on, and before he tested the jury as to how
it would decide; and he should have taken a number
of witnesses and demanded that the articles of agree-
ment be takenfrom the custody of Androcleides on the
ground that I was violating them, and acting against
his interests, and that the articles were no longer in
force between him and me; also he should have
protested to Androcleides, who had the articles in his
possession, that he had no longer anything to do with
these articles. This is what ne should have done, men
of the jury, if there were any truth in what he says ;
he should have gone by himself to Androcleides, and
made this protest, and gone also with many witnesses,
in order that he might have many persons who were
aware of the fact.

But to prove that he never took any of these steps,

361

47

DEMOSTHENES

- ma ?> e 3 lol
ὑμῖν τοῦ Ἀνδροκλείδου, παρ᾽ ᾧ εἶσιν at συνθῆκαι
κείμεναι, μαρτυρίαν ἀναγνώσεται.

Λέγε τὴν μαρτυρίαν.
ΜΑΡΤΎΡΙΑ

4 ἝΜὝτερον δ᾽, ὦ ἀνδρες δικασταί, σκέψασθε ὃ
διαπέπρακται. ἐγὼ γὰρ τοῦτον προὐκαλεσάμην
\ , / > ~ ες 3 / >
καὶ ἠξίωσα ἀκολουθῆσαι ὡς Ἀνδροκλείδην, παρ
ᾧ κεῖνται αἱ συνθῆκαι, καὶ κοινῇ ἐκγραψαμένους
ἡμᾶς τὰς συνθήκας πάλιν σημήνασθαι, τὰ δ᾽ ἀντί-
γραφα ἐμβαλέσθαι εἰς τὸν ἐχῖνον, ὅπως ἂν μηδεμία
« Ly oy > > ς “- “ ~ \ /
ὑποψία ἢ, ἀλλ᾽ ὑμεῖς ἅπαντα καλῶς καὶ δικαίως
ἀκούσαντες γνῶτε ὅ τι ἂν ὑμῖν δικαιότατον δοκῇ
= ~ > > ~ / > > /
49 εἶναι. ταῦτα δ᾽ ἐμοῦ προκαλουμένου οὐκ ἠθέλησε
/ > \ ~ > > “ /
τούτων οὐδὲν ποιῆσαι, ἀλλ᾽ οὕτω πεφιλοσόφηκεν,
[1181] ὥστε μὴ εἶναι ὑμᾶς ἀκοῦσαι τῶν συνθηκῶν ἐκ τῶν
κοινῶν γραμμάτων.
αἱ ὅτι ταῦτα προὐκαλούμην τοῦτον, μαρτυρίαν
ὑμῖν ἀναγνώσεται ὧν ἐναντίον προὐκαλούμην.

/ \ /
λέγε τὴν μαρτυρίαν.
MAPTYPIA

50 [lds av οὖν μᾶλλον καταφανὴς γένοιτο ἄνθρωπος,
ὅτι δικαίως μὲν οὐδὲν βούλεται πρός με πράτ-
τειν, ἀποστερήσειν δ᾽ οἴεται ἃ προσήκει ἐμοὶ
λαβεῖν, προφάσεις λέγων καὶ ἐγκλήματα ἐγκαλῶν,
τὰς δὲ συνθήκας, ἅς φησί με παραβεβηκέναι, οὐκ
φήθη δεῖν ὑμᾶς ἀκοῦσαι; ἐγὼ δὲ τότε μὲν
ἐναντίον τῶν μαρτύρων τῶν παραγενομένων προῦ-
καλεσάμην, νυνὶ δὲ καὶ ὑμῶν ἐναντίον τῶν δικα-
στῶν πάλιν προκαλοῦμαι, καὶ ἀξιῶ συγχωρεῖν
362

AGAINST OLYMPIODORUS, 47-50

the clerk shall read you the deposition of Androcleides
himself with whom the articles of agreement are
deposited.

(To the clerk.) Read the deposition.

Tue Deposition

Now, men of the jury, you must consider another 48
thing which he has done. I tendered himachallenge,
and demanded that he go with me to Androcleides,
with whom the articles are deposited, and that we
should jointly make copies of the agreement and seal
it up again, but that we should put the copies in the
evidence-box, in order that there might be no ground
for suspicion, but that you might hear everything
plainly and fairly, and then vote as should seem to you
most just. I tendered him this challenge, but he 49
refused to do anything of the sort ; no, he has tried
thus artfully to prevent your hearing the agreement
from copies jointly made.

To prove that I tendered him this challenge, the
clerk shall read you the deposition of the persons in
whose presence 1 tendered it. Read the deposition.

Tue Deposition

How, then, could it be made more plain that the 50
fellow is unwilling to act justly toward me in any way,
that he thinks to rob me of what I ought to receive
by advancing excuses and preferring charges, and
that he determined that you should not hear the
agreement which he asserts I have broken? But I
challenged him then before the witnesses who were
present, and I challenge him again now before you
jurymen, and I demand that he consent, and I myself

363

DEMOSTHENES

\ > ~ ~
αὐτὸν Kal ἐγὼ συγχωρῶ ἀνοιχθῆναι τὰς συνθήκας
ἐνταυθὶ ἐπὶ τοῦ δικαστηρίου, καὶ ἀκοῦσαι ὑμᾶς,
\ / ~ > / [2 ~ >
Bl καὶ πάλιν σημανθῆναι ἐναντίον ὑμῶν. ᾿Ανδρο-
/ > ΙΒ \ / “ \ \ > ~ > /
KAcidns ὃ οὑτοσὶ πάρεστιν: ἐγὼ γὰρ αὐτῷ ἐπήγ-
γειλα ἥκειν ἔχοντι τὰς συνθήκας. καὶ συγχωρῶ,
ὦ ἄνδρες δικασταί, ἐν τῷ τούτου λόγῳ ἢ ἐν τῷ
/ μ᾿ > ~ « / 3 ~ > \ /
προτέρῳ ἢ ἐν τῷ ὑστέρῳ ἀνοιχθῆναι" οὐδὲν γάρ μοι
¢€ ~ ~
διαφέρει. ὑμᾶς δὲ βούλομαι ἀκοῦσαι τὰς συνθήκας
καὶ τοὺς ὅρκους, οὗς ὠμόσαμεν ἀλλήλοις ἐγὼ καὶ
᾿Ολυμπιόδωρος οὑτοσί. καὶ εἰ μὲν συγχωρεῖ, ἔστω
ταῦτα, καὶ ὑμεῖς ἀκούετε, ἐπειδὰν τούτῳ δοκῇ:
δὴν τὸς μὴ θέλῃ ταῦτα ποιεῖν, οὐκ ἤδη καταφανὴς
ἔσται, ὦ ἄνδρες δικασταί, ὅτι ἀναισχυντότατός
ἐστιν ἀνθρώπων ἁπάντων, καὶ δικαίως οὐδ᾽ ἂν
52 ὁτιοῦν ἀποδέχοισθε τούτου ὡς ὑγιές τι λέγοντος;
3 \ / ~ ΄ ) \ A » εἰ
[1182] ᾿Αλλὰ τί ταῦτα σπουδάζω; οὐδὲ γὰρ αὐτὸς
ἀγνοεῖ ταῦτα οὗτος, ὅτι ἀδικεῖ μὲν ἐμέ, ἀδικεῖ
> a
δὲ τοὺς θεοὺς ots ὥμοσε, καὶ ἐπιορκεῖ. ἀλλὰ
/ ᾿ a” / \ “-“
διέφθαρται, ὦ ἄνδρες δικασταί, καὶ παραφρονεῖ.
΄ aN ay ,ὔ
ἀνιῶμαι μὲν οὖν καὶ αἰσχύνομαι, ὦ ἄνδρες δικασταί,
e / / \ ς ~ > > / / /
ois μέλλω λέγειν πρὸς ὑμᾶς, ἐξ ἀνάγκης δέ μοί
A - « ΄- 7
ἐστιν εἰπεῖν, ὅπως ἂν ὑμεῖς ot τὴν ψῆφον ἔχοντες
ἀκούσαντες ἅπαντα, βουλεύσησθε 6 τι ἂν ὑμῖν
53 δοκῇ βέλτιστον εἶναι περὶ ἡμῶν. ὧν δὲ μέλλω
λέγειν, οὗτος αἴτιός ἐστιν, οὐκ ἐθέλων ἐν τοῖς
> / \ / / / > >
οἰκείοις περὶ τούτων πρός με διαλύσασθαι, ἀλλ
~ / > ΝΜ
ἀναισχυντῶν. ᾿Ολυμπιόδωρος γὰρ οὑτοσί, ὦ ἀν-
A \ \ \
dpes δικασταί, γυναῖκα μὲν ἀστὴν κατὰ τοὺς
>
νόμους τοὺς ὑμετέρους οὐδεπώποτ᾽ ἔγημεν, οὐδ
a - / \
εἰσὶν αὐτῷ παῖδες οὐδ᾽ ἐγένοντο, ἑταίραν δὲ
964

AGAINST OLYMPIODORUS, 50-53

do consent, to have the articles of agreement opened
here in the court-room, to let you hear them, and to
have them sealed up again in your presence. Andro-
cleides is present here ; for I gave him notice to come
and bring the articles of agreement. I consent, men
of the jury, that they be opened during the defend-
ant’s speech, in either his first or his second, it makes
no difference tome. But I wish you to hear the agree-
ment and the oaths which Olympiodorus the defend-
ant and I swore to one another. If he consents, let
this be done, and do you hear for yourselves the
articles when he shall see fit ; and if he refuses to take
this course, will it not be plain without further proof,
men of the jury, that he is the most shameless of
humankind, and that you may rightly refuse to accept
as true anything whatever that he says ?

But why am I so earnest in urging this? The
defendant himself knows well that he has sinned
against me and sinned against the gods in whose name
he swore, and that he is a perjurer. But something
has deranged him, men of the jury, and he is not in his
senses. I am pained and I feel shame, men of the
jury, at what I am about to tell you, but I am forced
to tell it, in order that you, in whose hands the verdict
lies, may hear all the facts before you reach the con-
clusion regarding us which may seem to you best.
For my mentioning the things which I am about to tell
you this fellow is himself to bine since he refused to
settle our differences among our relatives, but chose
to brazen the matter out. ae you must know, men
of the jury, that this fellow Oly mpiodorus has never
married an Athenian woman in accordance with your
laws ; he has no children nor has ever had any, but
he keeps in his house a mistress whose freedom he

, 365

or

Or

Or

bo

δ4

55

[1183]

56

DEMOSTHENES

7, ” ” εἰ “ >’ ‘ «
λυσάμενος ἔνδον ἔχει, καὶ αὕτη ἐστὶν ἡ λυμαι-
" ε ~ ~
νομένη ἅπαντας ἡμᾶς καὶ ποιοῦσα τουτονὶ περαι-
τέρω μαίνεσθαι. πῶς γὰρ οὐ μαίνεται, ὅστις
οἴεται δεῖν, ἃ μὲν ὡμολόγησε καὶ συνέθετο ἑκὼν
πρὸς ἑκόντα καὶ ὦμοσε, τούτων μὲν μηδ᾽ ὁτιοῦν
~ ~ > ~
ποιεῖν, Kal ταῦτ᾽ ἐμοῦ σπουδάζοντος οὐχ ὑπὲρ
> ~ ,ὔ > \ \ « \ ~ a: > ~
ἐμαυτοῦ μόνον, ἀλλὰ Kal ὑπὲρ τῆς τούτου ἀδελφῆς
~ Sr > ΄
τῆς ὁμοπατρίας καὶ ὁμομητρίας, ἣ ἐμοὶ συνοικεῖ,
\ ε \ ~ / > ~ A ‘A > ~
καὶ ὑπὲρ τῆς τούτου ἀδελφιδῆς, θυγατρὸς δὲ ἐμῆς;
αὗται γάρ εἰσιν αἱ ἀδικούμεναι οὐχ ἧττον ἐμοῦ,
ἀλλὰ καὶ μᾶλλον. πῶς γὰρ οὐκ ἀδικοῦνται ἢ πῶς
~ /
οὐ δεινὰ πάσχουσιν, ἐπειδὰν ὁρῶσι τὴν μὲν τούτου
~ ~ ,ὔ
ἑταίραν περαιτέρω τοῦ καλῶς ἔχοντος καὶ χρυσία
\ ” \ «ς / / \ > 7
πολλὰ ἔχουσαν καὶ ἱμάτια καλά, καὶ ἐξόδους
~ ~ ¢€
λαμπρὰς ἐξιοῦσαν, καὶ ὑβρίζουσαν ἐκ τῶν ἡμε-
a > U
τέρων, αὐταὶ δὲ καταδεεστέρως περὶ ταῦτ᾽ ἔχωσιν
Ly, ~ A ~ > ~
ἅπαντα; πῶς οὐκ ἐκεῖναι μᾶλλον ἔτι ἀδικοῦνται
΄ e ~ ~ \
ἢ ἐγώ; οὗτος δὲ πῶς οὐ καταφανῶς μαίνεται καὶ
παραφρονεῖ, τοιαῦτα περὶ αὑτοῦ βουλευόμενος;
“ \ \ 7, > 7 ον αὶ σι
Iva δὲ μὴ φάσκῃ, ὦ ἀνδρες δικασταί, ἐπὶ διαβολῇ
~ ~ ~ ,
ταῦτα λέγειν με τοῦ ἀγῶνος ἕνεκα TovTovl, μαρ-
A ~ > / , |
Tuplav ὑμῖν ἀναγνώσεται τῶν τούτου οἰκείων καὶ
ἐμῶν.

MAPTYPIA

inthe 5 ”

᾿Ολυμπιόδωρος μὲν οὑτοσὶ TOLOUTOS εστιν αν-

>) / + > \ \ AG

θρωπος, ου μονον ἄδικος, ἀλλὰ και μελαγχο αν

~ a A / ~

δοκῶν ἅπασι τοις οἰκείοις καὶ τοις γνωριμοις ΤῊ

A , ¢

προαιρέσει του βίου, καὶ ὅπερ Σόλων Oo νομο-

366

AGAINST OLYMPIODORUS, 53-56

had purchased, and it is she who is the ruin of us all
and who drives the man on to a higher pitch of
madness. Is it not indeed a proof of his madness 54
that he refuses to do anything whatever that was
stipulated in the agreement which was entered into
with his full consent and with my own, and which
was confirmed by an oath ?—especially when I am
striving, not in my own interest only, but in the
interest of her to whom I am married, his own
sister, born of the same father and the same mother,
and in the interest of his niece, my daughter. For
they are being wronged not less than I, but even
more. Can anyone, indeed, say that they are not
wronged and are not suffering outrageous treatment,
when they see this fellow’s mistress, in defiance
of all decency, decked out with masses of jewels
and with fine raiment, going abroad in splendid
state and flaunting the luxury purchased with what
is ours, while they are themselves too poor to enjoy
such things? Are they not suffering a wrong even
greater than my own? And in adopting such a
manner of life is not Olympiodorus not manifestly
mad and beside himself ?

Now, that he may not claim, men of the jury, that
I am speaking thus with a view to slandering him
because of this suit, the clerk shall read you a deposi-
tion from his relatives and mine.

Ou
or

Tue DeEposirion

The defendant Olympiodorus, then, is a person of 56
this sort. He is not only dishonest, but in the opinion
of all his relatives and friends is proved by the manner
of life which he has adopted to be mentally deranged ;
to use the language of the lawgiver Solon, he is Sri

367

DEMOSTHENES

θέτης λέγει, παραφρονῶν ὡς οὐδεὶς πώποτε παρ-
εφρόνησεν ἀνθρώπων, γυναικὶ πειθόμενος πόρνῃ.
καὶ ἄκυρά γε ταῦτα πάντα ἐνομοθέτησεν εἶναι ὁ
Σόλων, ὅσ᾽ ἄν τις γυναικὶ πειθόμενος πράττῃ, ἀλ-

57 λως τε καὶ τοιαύτῃ. περὶ μὲν οὖν τούτων καλῶς
ὃ νομοθέτης ἐπεμελήθη, ἐγὼ δ᾽ ὑμῶν δέομαι, καὶ
οὐ μόνον ἐγώ, ἀλλὰ καὶ ἡ ἐμὴ γυνή, ᾿Ολυμπιο-
δώρου δὲ τουτουὶ ἀδελφή, καὶ ἡ θυγάτηρ ἡ ἐμή,
᾿Ολυμπιοδώρου δὲ τουτουὶ ἀδελφιδῆ, ἱκετεύομεν
ὑμᾶς καὶ ἀντιβολοῦμεν, ὦ ἄνδρες δικασταί, ἅπαντες
ἡμεῖς (νομίσατε γὰρ ἐκείνας ἐνθάδε παρεῖναι),

58 μάλιστα μὲν τουτονὶ ᾿Ολυμπιόδωρον πεῖσαι μὴ
ἀδικεῖν ἡμᾶς, ἐὰν δ᾽ ἄρα μὴ θέλῃ πείθεσθαι, ὑμᾶς
μεμνημένους ἁπάντων τῶν εἰρημένων, ψηφίζεσθαι
ὅ τι ἂν ὑμῖν δοκῇ βέλτιστον καὶ δικαιότατον εἶναι.
καὶ ταῦτα ποιοῦντες τά τε δίκαια γνώσεσθε καὶ τὰ
συμφέροντα ἡμῖν ἅπασιν, οὐχ ἥκιστα δὲ ᾿Ολυμπιο-
δώρῳ αὐτῷ τουτῳί.

AGAINST OLYMPIODORUS, 56-58

himself as no other man ever was, for he is under the
influence of a woman who is a harlot. And Solon
established a law α that all acts shall be null and void
which are done by anyone under the influence of a

woman, especially of a woman of her stamp. In this 5

matter the lawgiver made wise provision; and I
entreat you—and not I only, but my wife also, the
sister of this Olympiodorus, and my daughter, his
niece,—we all beg and implore you, men of the jury,
(for I would have you imagine that these women are

here present before you), if it be possible, to prevail 5

upon this fellow Olympiodorus not to do us wrong,
but if he refuses, and you cannot prevail upon him,
then to bear in mind all that has been said and give
whatever verdict shall seem to you best and most in
accordance with justice. If you do this, you will reach
a decision that is fair and one that is to the advantage
of us all, and especially to the advantage of this fellow
Olympiodorus himself.

% This law is cited in Oration XLYI 8 14.

VOL. II 2B 369

AGAINST TIMOTHEUS

INTRODUCTION

Tus speech was delivered by Apollodorus in a suit
against one of the most eminent men in Athens, the
general Timotheus. The plaintiff is seeking to re-
cover the sum of 44 minae 38 drachmae two obols, the
total amount of moneys loaned at various times to
Timotheus or expended on his behalf by the plaintiff’s
father, the banker Pasio.

Timotheus was a son of the great Conon who had
destroyed the Lacedaemonian fleet at Cnidos in 395
B.c., and he was himself in command of the Athenian
fleet for almost the entire period between the peace
of Antalcidas (377 B.c.) and the outbreak of the Social
War in 358 B.c. He was aman of wealth and of secure
social position, a pupil of Isocrates and friend of
Plato, a statesman and an orator, and perhaps the
ablest general of his day; but his career was a
checkered one.

Timotheus had conducted a successful campaign in
375 B.c. and had defeated the Spartan fleet, but the
peace then concluded was not a lasting one, and in the
following year he was again despatched to western
waters. Unfortunately for him he lacked funds and
he lacked men, and it was essential to secure both
before he could carry out the orders given him. It
must be remembered that the duty of levying troops
and of raising the money with which to pay them was

373

DEMOSTHENES

left by the Athenian state largely in the hands of the
generals, the money allotted from the public treasury
being far from adequate. Timotheus was therefore
obliged to consume much time in cruising about the
Aegean gathering funds and levying men wherever he
could. As a result of these delays and the machina-
tions of his enemies he was recalled to Athens and
brought to trial. He was acquitted, partly through
the influence of Jason of Pherae and Alcetas of
Epeirus, who had come to Athens to aid him, but he
was deprived of his command. The next year he
took service with the Persian king, but subsequently
resumed command of the Athenian fleet, winning
new distinction by his victories.

The various sums which the plaintiff declares that
his father advanced to Timotheus or expended in his
behalf were the following: thirteen hundred and fifty-
one drachmae two obols loaned to the defendant in
374 B.c., when he was put in command of the Athenian
fleet ; ten minae, borrowed to repay a loan the de-
fendant had contracted in Calaureia to pay the crews
of the Boeotian ships ; one mina two hundred and
fifty-seven drachmae for cash and two silver bowls
which Timotheus borrowed when Jason and Alcetas
were his guests; and seventeen hundred and fifty
drachmae paid by Pasio on the defendant’s order to
defray the cost of the freight on some timber, a gift to
the defendant from the Macedonian king Amyntas.

This speech and the one immediately following
(Apollodorus against Polycles) bring to light very
clearly the inherent weakness of the system of naval
control in vogue at Athens. That a general should
have to cruise about seeking, or exacting, funds with
which to pay his men, or should have to hire himself

374

AGAINST TIMOTHEUS

out to a foreign power in order to keep ships and men
in a condition of readiness, were certainly factors not
making for efficiency, while jealousies between the
generals and dilatoriness on the part of the trierarchs
were almost equally ruinous in their effects. Hardly
less so was the custom, adopted by some at least of
those appointed as trierarchs (see Oration LI), of
hiring substitutes, who would in many, if not in most,
cases use their position to advance their own interests
rather than to serve the state.

The date of the action in which this speech was
delivered is to be put in all probability in 362 B.c., and
Plutarch (Vit. Demosth. 15) states that Apollodorus
won his case, and also that the speech was reputedly
written by Demosthenes, but modern scholars have
for the most part been inclined to discredit this latter
opinion. The reader is referred to Schaefer, iii.
pp. 137 ff., and Blass, iii. pp. 522 ff.

375

XLIX
ΠΡΟΣ TIMOOEON YITEP ΧΡΕΩΣ

; Vitee ” ΄, “ιν

Μηδενὲ ὑμῶν ἄπιστον γενέσθω, ὦ ἀνδρες δικα-

/ > / > / > / ~ \ ~
σταΐ, εἰ Τιμόθεος ὀφείλων ἀργύριον τῷ πατρὶ τῷ
>? ~ / ~ ς 3 ? ~ / \ / > >
ἐμῷ, φεύγει νῦν ὑπ᾽ ἐμοῦ ταύτην THY δίκην. ἀλλ
[1185] ἐπειδὰν ὑμᾶς ἀναμνήσω τόν τε καιρὸν ἐν ᾧ τὸ
συμβόλαιον ἐγένετο, καὶ τὰ συμβάντα τούτῳ ἐν
ἐκείνῳ τῷ χρόνῳ, καὶ εἰς ὅσην ἀπορίαν κατέστη
οὗτος, τόθ᾽ ἡγήσεσθε τὸν μὲν πατέρα τὸν ἐμὸν

~ >
βέλτιστον γενέσθαι περὶ Τιμόθεον, τοῦτον δ᾽ οὐ
/
μόνον ἀχάριστον εἶναι, ἀλλὰ Kal ἀδικώτατον πάν-
2 των ἀνθρώπων, ὅς γε τυχὼν παρὰ τοῦ πατρὸς
“ > ~ a > / \ \ > / > \
τοῦ ἐμοῦ ὅσων ἐδεήθη Kai λαβὼν ἀργύριον ἀπὸ
τῆς τραπέζης, ἐν πολλῇ ἀπορίᾳ καὶ κινδύνοις τοῖς
μεγίστοις καθεστηκὼς περὶ τῆς ψυχῆς, οὐ μόνον
οὐκ ἀπέδωκε χάριν, ἀλλὰ καὶ τὸ δοθὲν ἀποστερεῖ
με. καίτοι σφαλέντος μὲν τούτου ἀπώλλυτο καὶ
τῷ πατρὶ τῷ ἐμῷ τὸ συμβόλαιον" οὔτε γὰρ ἐπ᾽
ἐνεχύρῳ οὔτε μετὰ μαρτύρων ἔδωκε: σωθέντος δὲ
>

ἐπὶ τούτῳ ἐγίγνετο, ὁπότε βούλοιτο εὐπορήσας
8 ἡμῖν ἀποδοῦναι. ἀλλ᾽ ὅμως, ὦ ἄνδρες δικασταΐ,

« His treasurer, Antimachus, actually was condemned to
death, and Timotheus himself was saved from a like fate only
by the intercession of influential friends. See § 10.

376 9

XLIX

APOLLODORUS AGAINST TIMOTHEUS,
IN THE MATTER OF A DEBT

Ler no one of you think, men of the jury, that it is a
thing beyond belief that Timotheus should have owed
money to my father and is now being prosecuted by
me in this suit. On the contrary, when I have called
to your minds the occasion on which the loan was
contracted and the events in which the defendant
was at that time involved and the straits to which
he was reduced, you will then hold that my father
was most generous to Timotheus, and that the
defendant is not only ungrateful, but is the most

dishonest of humankind ; for he got from my father :

all that he asked, and received from the bank money
at a time when he was in great need and when he
was in grievous danger of losing his life’; yet he
has not only made no return, but even seeks to rob
me of the money which was granted him. And yet,
if matters had gone badly with Timotheus, my
father’s money, too, was lost, for he lent it without
security and without witnesses; but, if the defendant
got off safe, it rested with him to choose when, having
the funds available, he should pay us back. But for
all that, men of the jury, my father did not count the

SHE

bo

3

[1186]

6

DEMOSTHENES

ov περὶ πλείονος ἐποιήσατο ὁ πατὴρ περιουσίαν
χρημάτων, μᾶλλον ἢ οὐ Τιμοθέῳ ὑπηρετῆσαι ὧν
ἐδεήθη αὐτοῦ, ἐν ἀπορίᾳ ὄντι. WETO μὲν οὖν, ὦ
ἄνδρες δικασταί, ὁ πατήρ, εἰ σωθείη Τιμόθεος τότε
~ A
ἐξ ἐκείνων TOV κινδύνων Kal ἀφίκοιτο οἴκαδε παρὰ
A «
βασιλέως, εὐπορωτέρου γενομένου τούτου ἢ ws
~ ~ > \
τότε διέκειτο, οὐ μόνον τὰ ἑαυτοῦ κομιεῖσθαι, ἀλλὰ
\ Μ ” / \ 4 / ~
καὶ ἄλλου εἴ του δέοιτο πρὸς Τιμόθεον πρᾶξαι
¢ / > ~ > δὴ ὃ᾽ > ε > tal 2) 4A
ὑπάρξειν αὐτῷ. ἐπει οὐχ ὡς ἐκεῖνος φήθη
συμβέβηκεν, ἀλλ᾽ ἃ μετὰ χάριτος ἔλαβε il ἐμόθεος
ἀπὸ τῆς τραπέζης δεηθεὶς τοῦ πατρὸς τοῦ ἐμοῦ,
ταῦτα dv ἔχθρας καὶ δίκης τετελευτηκότος ἐκείνου
> \ \ ¢ > / ” ΄ > ~
ἐξελεγχθεὶς μὲν ws ὀφείλει οἴεται δεῖν ἀποδοῦναι,
AY \ 7 ε a - id > > / >
ἐὰν δὲ δύνηται ὑμᾶς πεῖσαι ὡς οὐκ ὀφείλει, ἐξαπα-
τήσας τῷ λόγῳ, ἀποστερῆσαι ἡμᾶς τῶν χρημάτων,
ἀναγκαῖόν μοι δοκεῖ εἶναι ἐξ ἀρχῆς ἅπαντα δι-
ἡγήσασθαι ὑμῖν, τά τε ὀφειλόμενα, καὶ εἰς ὅ τι
ἕκαστον αὐτῶν κατεχρήσατο, καὶ τοὺς χρόνους ἐν
e \ / > / / \ \
ois τὸ συμβόλαιον ἐγένετο. θαυμάσῃ δὲ μηδεὶς
ὑμῶν εἰ ἀκριβῶς ἴσμεν: οἱ γὰρ τραπεζῖται εἰώ-
θασιν ὑ ὑπομνήματα γράφεσθαι ὧ ὧν τε διδόασι χρημά-
τῶν, καὶ εἰς ὅ τι, καὶ ὧν ἂν τις τιθῆται, ἵν ἢ
αὐτοῖς γνώριμα τά τε ληφθέντα καὶ τὰ τεθέντα
πρὸς τοὺς λογισμούς.
3 \ / \ + ~
Ext Σωκρατίδου yap ἄρχοντος Μουνιχιῶνος
μηνὸς μέλλων ἐκπλεῖν τὸν ὕστερον ἔκπλουν
Τιμόθεος οὑτοσί, περὶ ἀναγωγὴν ἤδη ὧν ἐν τῷ

« After being deposed from his command of the Athenian
fleet in 373 B.c., Timotheus entered the service of the king
of Persia.

378

AGAINST TIMOTHEUS, 3-6

holding of large sums of money as important a matter
as to supply Timotheus with what he needed in the
time of his distress. No, my father thought, men of
the jury, that, if Timotheus then got safely out of
those dangers and returned home from the service
of the king, when the defendant was in better
circumstances than at the time, he would not only
recover his money, but would be in a position to
obtain whatever else he might wish from Timotheus.
But as matters have not turned out as my father
expected, since the money which Timotheus asked of
my father and gratefully received from the bank he
is determined, now that my father is dead, to pay
back only if forced to do so by hostile legal procedure,
and by convincing proof of his indebtedness, and, if
he can convince you by deceitful arguments that he
is not liable, to rob us of the money—I count it
necessary to inform you fully of everything from the
beginning: the several loans, the purpose for which
he expended each sum, and the dates at which the
obligations were contracted. And let no one of you
wonder that I have accurate knowledge of these
matters ; for bankers are accustomed to write out
memoranda of the sums which they lend, the purposes
for which funds are desired, and the payments which
a borrower makes, in order that his receipts and his
payments may be known to them for their accounts.

It was then, in the archonship of Socratidas,® in the
month Munichion,? when the defendant Timotheus
was about to sail on his second expedition and was
already in the Peiraeus on the point of putting to sea,

» The archonship of Socratidas fell in 374-373 B.c.
¢ Munichion corresponds to the latter half of April and
the prior half of May.

379

+

or

for)

«--“-.....ὕ......

DEMOSTHENES

~~ \ > ,ὔ \ ~
Πειραιεῖ, προσδεηθεὶς ἀργυρίου, προσελθὼν τῷ
πατρὶ τῷ ἐμῷ ἐν τῷ λιμένι, ἐκέλευσεν αὐτὸν
χρῆσαι χιλίας τριακοσίας πεντήκοντα μίαν δύ᾽
> / / A ” a ‘ ~
ὀβολώ: τοσούτου yap ἔφη προσδεῖσθαι: καὶ δοῦναι
ἐκέλευσεν ᾿Αντιμάχῳ τῷ ταμίᾳ τῷ ἑαυτοῦ, ὃς
7
7 τούτῳ διῴκει τότε πάντα. καὶ ὃ μὲν δανεισάμενος
τὸ ἀργύριον παρὰ τοῦ πατρὸς τοῦ ἐμοῦ Τιμόθεος
> lol > / ~ ~
ἦν καὶ κελεύσας δοῦναι ᾿Αντιμάχῳ τῷ Tapia τῷ
« ~ « \ \ \ > / > A ~ /
ἑαυτοῦ, ὁ δὲ λαβὼν τὸ ἀργύριον ἀπὸ τῆς τραπέζης
παρὰ Φορμίωνος Αὐτόνομος, ὅσπερ ᾿Αντιμάχῳ
7
8 διετέλει γραμματεύων τὸν ἅπαντα χρόνον. δο-
“- / > /
θέντος τοίνυν τοῦ ἀργυρίου, ἐγράψατο μὲν ὀφεί-
λοντα τὸν κελεύσαντα χρῆσαι Τιμόθεον, ὑπόμνημα
> > / oe e > / ~ >
δ᾽ ἐγράψατο, ᾧ τε οὗτος ἐκέλευσε δοῦναι, ᾿Αντι-
4 \ “A ¢ 3 / / + om. \
μάχῳ, καὶ ὃν ὁ ᾿Αντίμαχος συνέπεμψεν ἐπὶ τὴν
τράπεζαν ληψόμενον τὸ ἀργύριον, τὸν Αὐτόνομον,
\
τὰς χιλίας τριακοσίας δραχμὰς Kal πεντήκοντα
\ 7 \ > > / \ \ le ~
[1187] καὶ μίαν καὶ δύ᾽ ὀβολώ. τὸ μὲν τοίνυν πρῶτον
χρέως, ὃ ἐκπλέων ἔλαβε στρατηγῶν τὸ ὕστερον,
τοσοῦτον ὀφείλει.
9 ᾿ΒΕπειδὴ δ᾽ ἀπεχειροτονήθη μὲν ὑφ᾽ ὑμῶν στρατη-
yos διὰ τὸ μὴ περιπλεῦσαι Πελοπόννησον, ἐπὶ
> ~ ~
κρίσει δὲ παρεδέδοτο εἰς τὸν δῆμον αἰτίας τῆς
,ὔ / > / > Ψ ~ K ᾽ὔ
μεγίστης τυχών, ἐφειστήκει δ᾽ αὐτῷ Καλλίστρατος
καὶ ᾿Ιφικράτης, τῷ τε πράττειν καὶ εἰπεῖν δυνά-
μενοι, οὕτω δὲ διέθεσαν ὑμᾶς κατηγοροῦντες τού-
10 του αὐτοί τε καὶ οἱ συναγορεύοντες αὐτοῖς, ὥστ᾽
᾿Αντίμαχον μὲν ταμίαν ὄντα καὶ πιστότατα διακεί-
μενον τούτῳ, κρίναντες ἐν τῷ δήμῳ ἀπεκτείνατε
980

AGAINST TIMOTHEUS, 6-10

that, being in want of money, he came to my father
in the port and urged him to lend him one thousand
three hundred and fifty-one drachmae two obols, de-
claring that he needed that additional sum; and he
bade him give the money to his treasurer Antimachus,
who at that time managed everything for him. It was
Timotheus who borrowed the money from my father,
and who bade him give it to his treasurer Antimachus,
but the one who received the money from Phormio
at the bank was Autonomus, who throughout all
that time served as secretary to Antimachus. When,
therefore, the money was paid out, the bank recorded
as debtor Timotheus, who had requested the loan, but
made a memorandum in the name of Antimachus, to
whom Timotheus had ordered the money to be paid,
and also named Autonomus, whom Antimachus had
sent to the bank to receive the money, the amount
being one thousand three hundred and _ fifty-one
drachmae two obols. The first loan, then, which
Timotheus contracted at the time of his going to sea,
when he was serving as general the second time,
was for this amount.

@

Again, when you had removed him from his com- 9

mand as general because he failed to sail round
the Peloponnesus, and he had been given over to
the popular assembly for trial under a very heavy
charge, when he was being prosecuted by Callistratus
and Iphicrates,t men of power both in action and
in speech, and they and their fellow-pleaders so in-
fluenced your minds by their accusations against him

Ι
᾿
!
}
|

that you condemned and put to death Antimachus, 10 |

his treasurer and a man most devoted to him,—yes,

2 Important figures in the political life of Athens. The
former was an orator, the latter one of the generals.

581

|
1

11

[1188]

18

DEMOSTHENES

\ \ » / 5 ~ > if , \ A ~
καὶ τὴν οὐσίαν αὐτοῦ ἐδημεύσατε, αὐτὸν δὲ τοῦτον
ἐξαιτουμένων τῶν ἐπιτηδείων καὶ οἰκείων αὐτοῦ
«ς / ” A, / Ar / /
ἁπάντων, ἔτι δὲ ᾿Αλκέτου καὶ ᾿Ιάσονος, συμμάχων
ὄντων ὑμῖν, μόλις μὲν ἐπείσθητε ἀφεῖναι, στρατη-

“ > \
γοῦντα δ᾽ αὐτὸν ématoate,—ev τοιαύταις δ᾽ ὧν

- \ > / iP: ~ e \ ‘\
διαβολαῖς καὶ ἀπορίᾳ χρημάτων πολλῇ: ἡ μὲν yap

/ > ~
οὐσία ὑπόχρεως ἦν ἅπασα, καὶ ὅροι αὐτῆς ἕστασαν,
>

καὶ ἄλλοι ἐκράτουν: 6 μὲν ἐν πεδίῳ ἀγρὸς ἀπο-
, ~ \ ~ > / / ε /
τίμημα τῷ παιδὶ τῷ Εὐμηλίδου καθειστήκει, ἑξή-
κοντα δὲ τριηράρχοις τοῖς συνεκπλεύσασιν αὐτῷ
ἑπτὰ μνῶν ἑκάστῳ ἡ ἄλλη οὐσία ὑπέκειτο, ἃς
οὗτος αὐτοὺς στρατηγῶν ἠνάγκασε τοῖς ναύταις
\ ~ > A > > \ >
τροφὴν διαδοῦναι: ἐπειδὴ δ᾽ ἀποχειροτονηθεὶς ἐν
~ ~ ~ /
τῷ λόγῳ ἀπήνεγκεν ἐκ τῶν στρατιωτικῶν χρημά-
\ ᾿] ~ A « A ~
των αὐτὸς δεδωκὼς Els τὰς ναῦς τὰς ἑπτὰ μνᾶς
ταύτας τότε, φοβούμενος μὴ καταμαρτυρήσωσιν
αὐτοῦ οἱ τριήραρχοι καὶ ἐξελέγχηται ψευδόμενος,

Ψ, - ~ A
δάνεισμα ποιεῖται ἰδίᾳ παρ᾽ ἑκάστου αὐτῶν Tas

~ A“ / a
ἑπτὰ μνᾶς καὶ ὑποτίθησιν αὐτοῖς τὴν οὐσίαν, as
νῦν αὐτοὺς ἀποστερεῖ καὶ τοὺς ὅρους ἀνέσπακε"
πανταχόθεν δ᾽ ἀπορούμενος, καὶ ἐν ἀγῶνι τῷ

~ A A

μεγίστῳ καθεστηκὼς περὶ τοῦ σώματος διὰ TO
συμβεβηκέναι τῇ πόλει τοιαῦτα πράγματα, ἄμι-

\ 3 »Ὦ» / > /

σθον μὲν τὸ στράτευμα καταλελύσθαι ἐν Kadavpeia,
πολιορκεῖσθαι δὲ τοὺς περὶ [Ϊελοπόννησον συμ-
\

μάχους ὑπὸ Λακεδαιμονίων, κατηγορούντων δὲ
τοῦτον αἴτιον εἶναι τῆς παρούσης ἀτυχίας ᾿Ιφικρά-
τους καὶ Καλλιστράτου, ἔτι δὲ τῶν ἀφικνουμένων
ἀπὸ στρατεύματος ἀπαγγελλόντων ἐν τῷ δήμῳ

α Alcetas was king of the Molossi in Epeirus, Jason tyrant
382

AGAINST TIMOTHEUS, 10-13

and confiscated his property ; while Timotheus him-
self, thanks to the intercession of all his friends and
relatives, and also of Alcetas and Jason,* who were
allies of yours, you were reluctantly induced to
pardon, but you deposed him from his command ;—
such were the charges under which he lay, and he was
in desperate need of money. For all his property had
been mortgaged, pillars had been set up on it, and
other people were in control. His farm in the plain
had been taken over as security by the son of Eume-
lidas ; the rest of his property was mortgaged, for
seven minae each, to the sixty trierarchs who set out on
the voyage with him, which money he as admiral had
forced them to distribute among their crews for main-
tenance. When he was deposed, he reported in the
account which he rendered, that he had at that time
himself given those seven minae for the ships from the
military fund, but, fearing lest the trierarchs should
give evidence against him and he should be convicted
of lying, he borrowed privately from each one of them
seven minae, and gave them a mortgage on his
property. Yet he is now seeking to rob them of this
money, and he has dug up the pillars. He was hard
pressed on every side, his life was in extreme danger
because of the gravity of the misfortunes which had
befallen the state, the army in Calaureia ὃ had been
broken up for want of pay, the allies around Pelopon-
nesus were being besieged by the Lacedaemonians,
Iphicrates and Callistratus were accusing him of being
responsible for the present disaster, and, furthermore,
those who came from the army were reporting before
of Pherae in Thessaly. With both of these men Timotheus
had formed connexions while in command of the fleet.

> Calaureia was an island off the east coast of Peloponnesus,
the modern Poros.

385

τς.᾿...

DEMOSTHENES

\ ~ ” \ > / \ \ \ >
τὴν παροῦσαν ἔνδειαν Kal ἀπορίαν, Ta δὲ Kal δι
> A ς ~ >
ἐπιστολῶν ἑκάστου πυνθανομένου παρὰ τῶν οἱ-

/ ᾿] -
κείων καὶ ἐπιτηδείων ὡς διέκειντο: ὧν ἀκούοντες

A > ~ ~
ὑμεῖς ἐν τῷ δήμῳ τότε, ἀναμνήσθητε πῶς ἕκαστος
\ ~ a
περὶ αὐτοῦ τὴν γνώμην εἶχεν: οὐ yap ἀγνοεῖτε
\ / / / ~ > \ \
14 τὰ λεγόμενα. μέλλων τοίνυν καταπλεῖν ἐπὶ τὴν
/ >’ / / / \
κρίσιν, ev Kadavpeia δανείζεται χιλίας δραχμὰς
\ 3 / ~ ,ὔ a“ > /
παρὰ ᾿Αντιφάνους τοῦ Λαμπτρέως, ὃς ἐπέπλει
τα / Φιλί ~ An a ὃ ὃ / ~
μίας Φιλίππῳ τῷ ναυκλήρῳ, wa διαδοίη τοῖς
Βοιωτίοις τριηράρχοις, καὶ παραμείνωσιν ἕως ἂν
~ « ~
αὐτῷ ἡ κρίσις γένηται, Kal μὴ καταλυθεισῶν
πρότερον τῶν Βοιωτίων τριήρων καὶ διαπελθόντων
~ ~ ΄- ~ > /
πρότερον τῶν στρατιωτῶν, μᾶλλον αὐτῷ opyt-
15 ζησθε ὑμεῖς. οἱ μὲν γὰρ πολῖται ἠνείχοντο κακο-
~ ¢
παθοῦντες καὶ παρέμενον: of δὲ Βοιωτοὶ οὐκ
A - >
ἔφασαν παραμενεῖν, εἰ μή τις αὐτοῖς τὴν καθ
[1189] ἡμέραν τροφὴν δώσοι. τότε οὖν ἀναγκαζόμενος
~ >
δανείζεται Tas χιλίας δραχμὰς παρὰ τοῦ ᾿Αντι-
φάνους, ὃς ἐπέπλει ταμιεύων τῷ Φιλίππῳ τῷ
ναυκλήρῳ, καὶ δίδωσι τῷ Βοιωτίῳ ἄρχοντι τῶν
~ > \ > > / ~ > / > \
16 νεῶν. ἐπειδὴ δ᾽ ἀφίκετο δεῦρο, ἀπήτουν αὐτὸν
6 τε Φίλιππος καὶ ὁ ᾿Αντιφάνης τὰς χιλίας δὃρα-
\ ia) 25 / > K ἣ / \ > ΄,
χμὰς ἃς ἐδανείσατο ἐν Καλαυρείᾳ, καὶ ἠγανάκτουν

“ > \ > / / > fe
ὅτι οὐ ταχὺ ἀπελάμβανον. φοβούμενος δ᾽ οὗτος

“ ul “a

τοὺς ἐχθροὺς τοὺς ἑαυτοῦ, μὴ πύθοιντο ὅτι, as
~ / \

ἐν τῷ λόγῳ ἀπήνεγκε χιλίας δραχμὰς δεδωκὼς
εἰς τὰς Βοιωτίας ναῦς ἐκ τῶν στρατιωτικῶν χρη-
μάτων, ταύτας Φίλιππος δανείσας ἀποστερεῖται,

\ A \ \ / δ

17 καὶ ἅμα δεδιὼς τὸν Φίλιππον, μὴ καταμαρτυ-

984

AGAINST TIMOTHEUS, 13-17

the assembly the distress and need that existed, and
at the same time individuals kept receiving word from
their relatives and friends telling of their plight.
These things you all heard in the popular assembly at
that time, and you remember how each man of you
felt toward him ; you are not without knowledge of
what people were saying. Well, then, when he was
on the point of sailing home for his trial, the defendant,
while still in Calaureia, borrowed from Antiphanes of
Lamptrae,* who sailed with Philip the shipowner as
his treasurer, the sum of one thousand drachmae to
distribute among the Boeotian trierarchs, that they
might remain with the fleet until his trial should come
off, for fear lest, if the Boeotian fleet should first be
broken up and the troops scattered here and there to
their homes, you might be the more incensed against
him. For although our countrymen endured their
privations and remained at their posts, the Boeotians
declared that they would not stay, unless somebody
should furnish them with their daily rations. Under
stress of necessity, then, at that time he borrowed the
thousand drachmae from Antiphanes, who sailed with
Philip, the shipowner, as his treasurer, and gave them
to the admiral of the Boeotian fleet. But when he
got back to Athens, both Philip and Antiphanes
demanded of him the thousand drachmae which he
had borrowed in Calaureia, and were angry at not
receiving their money at once. Timotheus, then,
fearing that his enemies might learn that the thousand
drachmae, which in his report he stated he had paid
for the Boeotian fleet out of the military fund, had in
fact been lent by Philip, who could not get them back,
and fearing also that Philip might give testimony

2 T.amptrae was a deme of the tribe Erectheis.
VOL. II 20 385

18

1
[1190]

DEMOSTHENES

~ ~ ~ ~ A
poin αὐτοῦ ἐν τῷ ἀγῶνι, προσελθὼν τῷ πατρὶ
΄σ > ~ > / > si / ‘ / - \ ~
τῷ ἐμῷ ἐδεήθη ἀπαλλάξαι τὸν Φίλιππον καὶ χρῆ-
τ ξ ~ \ / / a3 > /
σαι αὑτῷ τὰς χιλίας. δραχμάς, ἵν᾽ ἀποδοίη Φιλ-
ἵππῳ. ὁρῶν δ᾽ ὁ πατὴρ ὁ ἐμὸς τό τε μέγεθος τοῦ
ἀγῶνος ἡλίκον ἦν τούτῳ, καὶ ὡς ἠπορεῖτο οὗτος,
καὶ ἐλεῶν αὐτόν, προσαγαγὼν πρὸς τὴν τράπε-
> / > ~ ,ὔ , A
Cav ἐκέλευσεν ἀποδοῦναι Φιλίππῳ χιλίας δραχμὰς
τὸν Φορμίωνα τὸν ἐπικαθήμενον ἐπὶ τῇ τραπέζῃ,
\ 7, > , ΄ ἔν :
καὶ γράψασθαι ὀφείλοντα Τιμόθεον.
~ ~ /
Kai ταῦθ᾽ ὅτι ἀληθῆ ἐστι, τὸν δόντα τὸ ἀργύριον
> \ A
Φορμίωνα ὑμῖν μάρτυρα παρέξομαι, ἐπειδὰν καὶ
περὶ τοῦ ἄλλου ,“συμβολαίου διηγήσωμαι ὑμῖν, ἵν
τῇ αὐτῇ “μαρτυρίᾳ περὶ ὅλου τοῦ χρέως ἀκούσαντες,
εἰδῆτε ὅτι ἀληθῆ λέγω. καλῶ δ᾽ ὑμῖν καὶ τὸν
᾿Αντιφάνην τὸν δανείσαντα τὸ ἀργύριον τούτῳ,
τὰς χιλίας δραχμὰς ἐν Καλαυρείᾳ, καὶ παρόντα
ὅτε ἀπέλαβε Φίλιππος τὸ ἀργύριον παρὰ τοῦ

3 πατρὸς τοῦ ἐμοῦ ἐνθάδε. τοῦ μὲν γὰρ μαρτυρίαν

με ἐμβαλέσθαι πρὸς τὸν διαιτητὴν παρεκρούσατο,
φάσκων ἀεί μοι μαρτυρήσειν εἰς τὴν κυρίαν""
ἐπειδὴ δ ἢ δίαιτα ἦν, προσκληθεὶς ἀπὸ τῆς
οἰκίας (οὐ γὰρ ἦν φανερός), ἔλιπε τὴν μαρτυ-
ρίαν πεισθεὶς ὑπὸ τούτου. τοῦς τις δέ μου αὐτῷ
τὴν δραχμὴν τοῦ λιπομαρτυρίου κατὰ τὸν νόμον,
ὁ διαιτητὴς οὐ ,κατεδιήτα, ἀλλ᾽ ἀπιὼν ὥχετο
ἀποδιαιτήσας τούτου τὴν δίαιταν, ἑσπέρας ἤδη

20 οὔσης. νυνὶ δὲ τῷ ᾿Αντιφάνει εἴληχα βλάβης ἰδίαν

δίκην, ὅτι nas οὐτ᾽ ἐμαρτύρησεν οὔτ᾽ ἐξωμόσατο
κατὰ τὸν νόμον. καὶ ἀξιῶ αὐτὸν ἀναβάντα εἰπεῖν

1 After κυρίαν the mss. add ἀπόφασιν. which was deleted by
Herwerden.

386

AGAINST TIMOTHEUS, 17-20

against him at his trial, came to my father and begged
him to settle with Philip, and to lend him the thousand
drachmae to pay Philip. And my father, seeing the
seriousness of the trial in which the defendant was
involved, and in what plight he was, felt pity for him,
and, taking him to the bank, bade Phormio, who was
cashier, to pay Philip the thousand drachmae, and to
enter on the books Timotheus as owing that amount.
To prove that these statements are true, I shall 18
bring forward Phormio, who paid the money, as a
witness, as soon as I shall have explained to you the
other loan, in order that, being informed through
the same deposition about the enol of the con
you may know that I am speaking the truth. I
shall also call before you Antiphanes, who lent the
sum of one thousand drachmae to the defendant in
Calaureia, and who was present when Philip received
payment of the money from my father here in Athens.
That I did not put the deposition in the box before
the arbitrator was due to a trick of Antiphanes, who
kept saying that he would give evidence for me on
the day Ἐπὶ for the decision; but when the hearing
was in progress before the arbitrator, although he
was summoned from his house (for he was nowhere
to be seen), he was persuaded by Timotheus to fail to
appear as a witness. On my depositing a drachma in
his name on a charge of failing to appear, as the law
prescribes, the arbitrator did not make an award
against the defendant, but decided in his favour, and
then went off, for it was already late. Now, however, 20
I have entered suit on my own account for damages
against Antiphanes because he neither gave testimony
for me, nor asked under oath for a postponement, as
the law provides. And I demand of him that he get

387

--

9

21

[1191]

23

DEMOSTHENES

ἐναντίον ὑμῶν διομοσάμενον, πρῶτον μὲν εἰ ἐδά-
ry / > / / /

νεισεν Γιμοθέῳ ev Καλαυρείᾳ χιλίας δραχμάς,
ὃ VE > > τ \ ~ A / > vA
εὐτερον δ᾽ εἰ παρὰ τοῦ πατρὸς Φίλιππος ἀπέλαβεν
ἐνθάδε τοῦτο τὸ ἀργύριον. σχεδὸν μὲν οὖν καὶ
αὐτὸς οὗτος ὡμολόγει πρὸς τῷ διαιτητῇ, ἀποδοῦναι
τῷ Φιλίππῳ τὸν πατέρα τὸν ἐμὸν τὰς χιλίας
δραχμάς, οὐ μέντοι αὑτῷ γέ φησι δανεῖσαι, ἀλλὰ
τῷ Βοιωτίῳ ναυάρχῳ, καὶ ὑποθεῖναί φησιν αὐτὸν
τούτου τοῦ ἀργυρίου χαλκόν. ὡς δ᾽ οὐκ ἀληθῆ
” 5 > > \ / > lal > \
ἔλεγεν, ἀλλ᾽ αὐτὸς δανεισάμενος ἀποστερεῖ, ἐγὼ
98 7 > \ \ \ ~ ” a
ὑμᾶς διδάξω, ἐπειδὰν καὶ περὶ τῶν ἄλλων ὧν
ὀφείλει καθ᾽ ἕκαστον ὑμῖν διηγήσωμαι.

3 / \ > / a ae / e ~

Αφικομένου γὰρ ᾿Αλκέτου καὶ Idcovos ὡς τοῦ-
τον ἐν τῷ Μαιμακτηριῶνι. μηνὶ τῷ ἐπ᾽ ᾿Αστείου
ἄρχοντος ἐπὶ τὸν ἀγῶνα τὸν τούτου, βοηθησόντων
αὐτῷ, καὶ καταγομένων εἰς τὴν οἰκίαν τὴν ἐν
Πειραιεῖ τὴν ἐν τῇ ‘Immodapeta ἑσπέρας ἤδη οὔσης,
ἀπορούμενος ὑποδέξασθαι αὐτούς, πέμψας ὡς τὸν
πατέρα τὸν ἐμὸν Αἰσχρίωνα τὸν ἀκόλουθον τὸν
αὑτοῦ, ἐκέλευσεν αἰτήσασθαι στρώματα καὶ ἱμάτια
καὶ φιάλας ἀργυρᾶς δύο, καὶ μνᾶν ἀργυρίου δανεί-
σασθαι. ἀκούσας δ᾽ ὁ πατὴρ ὁ ἐμὸς τοῦ Αἰσχρίω-
vos τοῦ ἀκολούθου τοῦ τούτου τούς τε ἀφιγμένους
καὶ τὴν χρείαν εἰς Ὧν, ἠτεῖτο, ἐφ᾽ aT ἦλθεν ἔχρησε,
καὶ τὴν μνᾶν τοῦ ἀργυρίου, ἣν ἐδανείζετο, ἐδά-
νεισεν. ἀπολελυμένῳ τοίνυν τῆς αἰτίας, πολλὴ
συνέβαινεν αὐτῷ μετὰ ταῦτα χρημάτων ἀπορία,
εἴς τε τὰς ἰδίας «χρείας καὶ εἰς τὰς δημοσίας
εἰσφοράς, ἃ δρῶν ὁ πατὴρ ὁ ἐμὸς οὐκ ἐτόλμα τοῦ-

2 Maimacterion corresponds to the latter half of November
and the prior half of December.

388

AGAINST TIMOTHEUS, 20-23

up and state under oath before you, first, whether he
lent Timotheus a thousand drachmae in Calaureia,
and secondly, whether Philip received here payment

of that sum from my father. The defendant himself 21

practically admitted before the arbitrator that my
father paid Philip the thousand drachmae ; but he
declared that it was not to him (Timotheus) that my
father lent the money, but to the Boeotian admiral,
who, he alleges, gave some copper as security for the
sum. However, that in this he was not stating the
truth, but that he borrowed the money himself and is
seeking to avoid payment, I shall prove to you, when
I shall have informed you in detail regarding his other
debts also.

In the month Maimacterion,’ in the archonship of 22

Asteius,? Alcetas and Jason came to visit Timotheus
to be present at his trial and give him their support,
and they arrived at his house in Peiraeus in the
Hippodameia ° when it was already evening. Being
at a loss how to entertain them, he sent his body-
servant Aeschrion to my father and bade him ask for
the loan of some bedding and cloaks and two silver

bowls, and to borrow a mina of silver. And my father, 2

hearing from Aeschrion, the body-servant of the
defendant, that they had arrived and the urgent
need for which the request was made, both supplied
the objects for which the slave had come and lent the
mina of silver which he asked to borrow. Well, when
he had been acquitted of the charge, the defendant
found himself in sore straits for money to pay his
private debts and the taxes to the state, and my
father, seeing this, did not venture to demand repay-

> The archonship of Asteius falls in 373-372 B.c.
° This was an agora built by the architect Hippodamus.

389

~

|
|

24

bo
1

[1192]

27

DEMOSTHENES

A / " ~
tov εὐθὺς ἀπαιτεῖν TO ἀργύριον: οὔτε yap av τοῦτον
εὐπορήσανθ᾽ ἡγεῖτο ἀδικῆσαι αὑτόν, οὔτ᾽ ἂν αὐτὸς
ἀποροῦντα τοῦτον ἔχειν ὁπόθεν εἰσπράξειεν. ἐπειδὴ

/ > ~ “ > / \ « 3 / \
τοίνυν ἀπῆλθον 6 τε ᾿Αλκέτας καὶ ὁ ᾿Ιάσων, τὰ
\ (~
μὲν στρώματα Kal τὰ ἱμάτια πάλιν ἀπήνεγκεν ὁ
> / ig 3 fe 6 / A \ /
Αἰσχρίων ὁ ἀκόλουθος ὁ τούτου, τὰς δὲ φιάλας
τὰς δύο οὐκ ἀπήνεγκεν, ἃς ἠτήσατο ὅτεπερ καὶ τὰ
στρώματα καὶ τὴν μνᾶν τοῦ ἀργυρίου ἐδανείσατο,
> / « ~ > / A be Se) ΄
ἀφικομένων ὡς τοῦτον ᾿Αλκέτου καὶ ᾿Ιάσονος.
Μέλλων τοίνυν ἀποδημεῖν ὡς βασιλέα, καὶ δια-
> ~ A
πραξάμενος ἐκπλεῦσαι ws βασιλεῖ στρατηγήσων
\ eer) ww / “ \ ~ /, \
tov em Αἴγυπτον πόλεμον, wa μὴ δῷ λόγον Kat
εὐθύνας τῆς ἐνθάδε στρατηγίας, μεταπεμψάμενος
τὸν πατέρα τὸν ἐμὸν εἰς τὸ [ΙΙ]αράλιον, τῶν τε
προὔπηργμένων εἰς αὐτὸν ἐπήνει, καὶ ἐδεῖτο αὐτοῦ
/ / » \ \ / Te
συστήσας Φιλώνδαν, ἄνδρα τὸ μὲν γένος Μεγαρέα,
~ / ~
μετοικοῦντα δ᾽ ᾿Αθήνησι, πιστῶς δὲ τούτῳ δια-
κείμενον καὶ ὑπηρετοῦντα ἐν ἐκείνῳ τῷ χρόνῳ,
ἐπειδὰν ἀφίκηται ἐκ Μακεδονίας ὁ Φιλώνδας, ὃν
συνίστη οὗτος τῷ πατρὶ τῷ ἐμῷ, ἄγων ξύλα
\ / fd e \ 3 / \ ~ ~
τὰ δοθέντα τούτῳ ὑπὸ ᾿Αμύντου, τὸ ναῦλον τῶν
ξύλων παρασχεῖν καὶ ἐᾶσαι ἀνακομίσαι τὰ ξύλα
\ ~ A a
els τὴν οἰκίαν τὴν ἑαυτοῦ τὴν ἐν [Πειραιεῖ αὑτοῦ
γὰρ εἶναι τὰ ξύλα. ἅμα τε τῇ δεήσει εἶπε λόγον,
e > > / ~ \ wv / ” / nn”
ᾧ οὐκ ἀκόλουθα ποιεῖ τὰ ἔργα νυνί: ἔφη γάρ, κἂν
μὴ τύχῃ ὧν ἐδεῖτο τοῦ πατρός, οὐκ ὀργισθήσεσθαι
iA ων Μ 3 ,ὔ > > e ε ~
ὥσπερ av ἄλλος τις ἀποτυχών, ἀλλ᾽ ὧν αὑτῷ

2 The monument in the Peiraeus of the Attic hero Paralus.
» Amyntas was king of Macedonia.

390

AGAINST TIMOTHEUS, 24-27

ment of the money at once ; for, while he did not 24
think that Timotheus would defraud him when he had
the means to pay, he did not himself see any way
to exact payment from him when he was without
means. So, after the departure of Alcetas and Jason,
Aeschrion, the defendant’s body-servant, brought
back the bedding and the cloaks, but he did not
return the two bowls, for which he had asked at the
time he borrowed the bedding and the mina of silver,
when Alecetas and Jason arrived at the defendant’s
house.

Then, when he was about to leave the country to 25
take service with the king, and had arranged to sail |
as the king’s general to carry on the Egyptian war,
in order that He might not have to submit an account
and vouchers for his military administration here, he
sent for my father to come to the Paralion,” thanked
him for his former services to him, and, introducing 26
to him Philondas, a Megarian by birth, but one who
resided as an alien at Athens,—a man who at that
time was loyally devoted to the defendant and was
employed in his service—he begged my father, that
when Philondas (whom he then introduced to him)
should come back from Macedonia bringing some |
timber, which had been given to the ἢ by |
Amyntas,” he would supply him with money for the :
freight of the timber, and let him deliver the timber
to the defendant’s house in Peiraeus ; for he declared
the timber belonged to him. At the same time in:
preferring this request, he made statements which
are quite inconsistent with his present actions. For
he said that even if he should not obtain what he
asked of my father, he would not be angry, as another
might who failed to obtain what he wanted, but

391

bo
=I

DEMOSTHENES

δεηθέντι ὑπηρέτηκε, τούτων, ἄν ποτε δύνηται,

χάριν ἀποδώσειν. ἀκούσας δ᾽ ὁ πατὴρ ὁ ἐμὸς

ταῦτα, ἥσθη τε τοῖς λόγοις, καὶ ἐπήνει τοῦτον ὅτι

μέμνηται εὖ παθών, καὶ ὅσα αὐτοῦ ἐδεῖτο ὑπέσχετο
/

ποιήσειν.

28. Καὶ οὗτος μὲν μετὰ ταῦτα τὴν ἀναγωγὴν
ἐποιεῖτο ὡς τοὺς στρατηγοὺς τοὺς βασιλέως, ὁ δὲ
Φιλώνδας, ᾧ συνέστησε τὸν πατέρα τὸν ἐμόν,
ἐπειδὰν ἀφίκηται ἄγων τὰ ξύλα, τὸ ναῦλον παρα-
σχεῖν, εἰς τὴν Μακεδονίαν τὴν πορείαν ἐποιεῖτο.
καὶ οὗτοι οἱ χρόνοι ἦσαν περὶ “Θαργηλιῶνα μῆνα

29 ἐπ᾽ ᾿Αστείου ἄρχοντος. τῷ δ᾽ ὑστέρῳ ἔτει ἀφικο-
μένου τοῦ Φιλώνδου ἐκ τῆς Μακεδονίας ἄγοντος
τὰ ξύλα, ἀποδημοῦντος. τούτου παρὰ βασιλεῖ, καὶ
προσελθόντος τῷ πατρὶ τῷ ἐμῷ καὶ κελεύοντος
τὸ ναῦλον τῶν ξύλων παρασχεῖν, ἵνα διαλύσῃ τὸν
ναύκληρον, καθάπερ οὗτος ἐδεήθη ὅτε ἐξέπλει τοῦ
πατρὸς καὶ συνέστησε τὸν Φιλώνδαν, προσαγαγὼν
πρὸς τὴν τράπεζαν ὁ πατήρ, ἐκέλευσε δοῦναι τὸν

ορμίωνα τὸ ΓΝ τῶν ξύλων, χιλίας ἑπτακοσίας

90 πεντήκοντα. κα ἠρίθμησε τὸ ἀργύριον ὁ Φορμίων:

[1193] καὶ “ἐγράψατο μὲν ) apedhovrs Τιμόθεον (οὗτος γὰρ
ἦν ὁ δεηθεὶς τοῦ πατρὸς παρασχεῖν τὸ ναῦλον τῶν
ξύλων, καὶ τούτου ay): ὑπόμνημα δ᾽ ἀπεγράψατο
τήν τε χρείαν εἰς ἣν ἐλήφθη τὸ «ἀργύριον καὶ τὸ
ὄνομα τοῦ λαβόντος. καὶ οὗτος ὁ χρόνος ἦν ᾿Αλ-
κισθένους ἄρχοντος, ὁ ὕστερος ἐνιαυτὸς ἢ οὗτος

81 ἀνήγετο ὡς βασιλέα. ὑπὸ δὲ τὸν αὐτὸν χρόνον
τοῦτον καὶ Τιμοσθένης ὁ Αἰγιλιεὺς ἀφικνεῖται,

α Thargelion corresponds to the latter half of May and
the prior half of June.
> The archonship of Alcisthenes falls in 372-371 B.c.

392

AGAINST TIMOTHEUS, 27-31

would show his gratitude, if he should ever find him-
self able to do so, for the services which my father
had rendered him at his request. On hearing this
my father was pleased at his words and commended
him for remembering the favours shown him, and
promised to do all that he asked.

Timotheus, then, after this set sail to join the 28

king’s generals, but Philondas, to whom he had
presented my father as one who would pay the
freight, when he should come back with the timber,
set out on his journey to Macedonia. The time
was about the month Thargelion,*? in the archon-

ship of Asteius. In the following year Philondas 39.

eame back from Macedonia, bringing the timber,
while Timotheus was absent in the king’s service.
He approached my father and asked him to furnish
the freight for the timber, in order that he might
settle with the shipowner, as Timotheus had begged
my father to do, when he was about to sail and had
introduced Philondas to him. So my father took him
to the bank and ordered Phormio to pay him the
freight of the timber, one thousand seven hundred

and fifty drachmae. And Phormio counted out the 30

money, and set down Timotheus as owing it (for it
was he who had asked my father to furnish the freight
for the timber, and the timber was his), and he wrote
a memorandum of the purpose for which the money
was received, and the name of the person who received
it. The date of the transaction was the archonship
of Alcisthenes,® the year after Timotheus set sail to

take service with the king. About the same time 31

Timosthenes of Aegilia® also arrived home from a
journey abroad which he had made on private

¢ Aegilia was a deme of the tribe Antiochis.

\

\

/

DEMOSTHENES

> - fn , , > ~ > / Α bal
κατ᾽ ἐμπορίαν ἰδίαν ἀποδημῶν. ἐπιτήδειος δὲ ὧν
Φ / \ A « / a” 3 > /
ορμίωνι καὶ κοινωνὸς ὁ Τιμοσθένης, ὅτ᾽ ἐξέπλει,
δίδωσιν ἀποθεῖναι τῷ Φορμίωνι μετ᾽ ἄλλων χρη-
/ \ / “-“ / > A / >
μάτων καὶ φιάλας λυκιουργεῖς δύο. ἀπὸ τύχης ὃ
« A / \ fA > > \ “ 3 /
0 Tats ταύτας Tas φιάλας, οὐκ εἰδὼς ὅτι ἀλλότριαι
5 , A > , A > , A
ἦσαν, δίδωσι τῷ Αἰσχρίωνι τῷ ἀκολούθῳ τῷ
/ fs) > / e \ / \ > \ € \
τούτου, oT ἐπέμφθη ws Tov πατέρα τὸν ἐμὸν ὑπὸ
7 A
τούτου, καὶ ἡτεῖτο τὰ στρώματα καὶ τὰ ἱμάτια Kal
τὰς φιάλας, καὶ τὴν μνᾶν τοῦ ἀργυρίου ἐδανείσατο,
ἀφικομένων ὡς τοῦτον ᾿Αλκέτου καὶ ᾿Ιάσονος.
32 ἀπαιτοῦντος δὲ τοῦ Τιμοσθένους τὰς φιάλας τὸν
Φορμίωνα, ἐπειδὴ ἧκεν, ἀποδημοῦντος Τιμοθέου
παρὰ βασιλεῖ, πείθει αὐτὸν ὁ πατὴρ ὁ ἐμὸς τιμὴν
> A ~ ~ id > ς /
ἀπολαβεῖν τῶν φιαλῶν, ὅσον ἦγον at φιάλαι, δια-
κοσίας τριάκοντα ἕπτά. καὶ τῷ μὲν Τιμοσθένει
\ > / ~ ~ ~ > > /
τιμὴν ἀπέδωκε TOV φιαλῶν, τοῦτον δ᾽ ἐγράψατο
¢ a > / \ \ Μ LA “a - » ~
αὑτῷ ὀφείλοντα, πρὸς τὸ ἄλλο χρέως ὃ οὗτος αὐτῷ
” ca) > / ~ / ~ ~
ὦφειλεν, ὃ ἀπέτεισεν TH Τιμοσθένει τῶν φιαλῶν.
© \ ~ / > ov > ~ J / ς ~
33 Kat ταῦτα πάνθ᾽ ὅτι ἀληθῆ λέγω, τούτων ὑμῖν
/ ~ ~
ἀναγνώσεται τὰς μαρτυρίας, πρῶτον μὲν τῶν
δόντων τὸ ἀργύριον οἷς οὗτος ἐκέλευσεν ἀπὸ τῆς
~ >
τραπέζης καὶ ἐπικαθημένων τότε, ἔπειτα TOD ἀπο-
λαβόντος τὴν τιμὴν τῶν φιαλῶν.

MAPTYPIAI

[1194] Ὅτι μὲν τοίνυν οὐ ψεύδομαι πρὸς ὑμᾶς περὶ ὧν
εἶπον, τῶν μαρτυριῶν ἀναγιγνωσκομένων ἀκηκόατε.
ὅτι δέ μοι καὶ αὐτὸς οὗτος ὡμολόγει τὰ ξύλα τὰ

/ «ς \ / > \ > / \
κομισθέντα ὑπὸ Φιλώνδου εἰς τὴν οἰκίαν τὴν
804

AGAINST TIMOTHEUS, 31-33

business. Timosthenes was a friend and partner of
Phormio, and when he set sail he had given to Phormio
to put away for him along with other articles two
bowls of Lycian workmanship. By chance the boy,
not knowing that these bowls were the property of
someone else, gave them to Aeschrion, the body-
servant of the defendant, when he was sent to my
father by Timotheus and requested the bedding and
the cloaks and the bowls, and borrowed the mina of
silver at the time when Alcetas and Jason came to

the defendant’s house. When Timosthenes reached 32

home and asked for the return of the bowls, Timo-
theus being still abroad in the king’s service, my
father persuaded him to accept the value of the
bowls, as much as they were worth by weight, namely
two Hunidved and thirty-seven drachmae. So he paid
to Timosthenes the value of the bowls and entered
on his books the defendant as owing what he paid
to Timosthenes for the bowls in pation to the rest
of the debt which the defendant owed him.

To prove that all these statements of mine are true
the clerk shall read you the depositions which bear
upon them; first, that of those who were at that
time clerks in the bank and paid the money from its
funds to the persons to whom Timotheus bade them
pay it, and then that of the man who received the
price of the bowls.

Tue DeEposirions

You have learned, then, from the depositions which
have just been read, that I am telling you nothing
but the truth regarding the matters which T
mentioned. And that the defendant himself admits
that the timber brought by Philondas was delivered

395

DEMOSTHENES

¢ ~ a \ - ,

ἑαυτοῦ ἀνακομισθῆναι τὴν ἐν [Πειραιεῖ, τούτων
a >

ὑμῖν ἀναγνώσεται τὴν μαρτυρίαν.

MAPTYPIA

¢€ \ / / s A ΄, a » if
84 ‘Os μὲν τοίνυν τούτου ἦν τὰ ξύλα ἃ ἤγαγεν ὁ
Φιλώνδας, αὐτός μοι μεμαρτύρηκεν: ὡμολόγει γὰρ
αὐτὰ πρὸς τῷ διαιτητῇ ἀνακομισθῆναι εἰς τὴν
οἰκίαν τὴν ἕαυτοῦ τὴν ἐν [Πειραιεῖ, ὡς μεμαρ-
τύρηται ὑμῖν ὑπὸ τῶν ἀκουόντων. ἔτι δὲ καὶ ἐκ
/ / > \ ec ~ / “ > ~
τεκμηρίων πειράσομαι ἐγὼ ὑμᾶς διδάξαι ὅτι ἀληθῆ
35 λέγω. οἴεσθε γάρ, ὦ ἄνδρες δικασταί, τὸν πατέρα
\ > / > \ / oy \ / \ > /
Tov ἐμόν, et μὴ Τιμοθέου ἦν τὰ ξύλα καὶ ἐδεήθη
οὗτος αὐτοῦ συστήσας τὸν Φιλώνδαν, ὅτε ἀνήγετο
ὡς τοὺς στρατηγοὺς τοὺς βασιλέως, παρασχεῖν τὸ
ναῦλον, ἐᾶσαι ἄν ποτε ὑποκειμένων αὐτῷ τῶν
/ ~ / > / \ / \
ξύλων τοῦ vavAov ἀνακομίσαι τὸν Φιλώνδαν τὰ
/ > ~ ,ὔ > > > a“ /
ξύλα ἐκ τοῦ λιμένος, ἀλλ᾽ οὐκ ἂν παρακαταστή-
σαντά τινα τῶν οἰκετῶν φυλάττειν καὶ τιμὴν λαμ-
βάνειν πωλουμένων τῶν ξύλων, ἕως ἐκομίσατο
\ ε ~ » 7 ἽΝ \ / ins /
τὰ ἑαυτοῦ, εἴπερ Φιλώνδου ἦν τὰ ξύλα καὶ ἐμπορίας
86 ἕνεκ᾽ ἤχθη; ἔπειτα πρὸς τούτοις τίνι ὑμῶν εἰκὸς
δοκεῖ εἶναι, μὴ κελεύσαντος τούτου τὸ ναῦλον
παρασχεῖν τῶν ξύλων τῶν δοθέντων τούτῳ ὑπὸ
3 A 4 ~ \ / \ > \ Φ λ / ὃ
Αμύντου, πιστεῦσαι τὸν πατέρα τὸν ἐμὸν Φιλώνδᾳ
΄ >
καὶ ἐᾶσαι ἀνακομίσαι τὰ ξύλα εἰς τὴν οἰκίαν τὴν
/ a“ ~ Co > > / A \ /
τούτου; ἢ πῶς οἷόν T ἐστί, Tov μὲν Φιλώνδαν
> / ov > > ~ \ / « ὌΝ /
ἐμπορίας ἕνεκ᾽ ἀγαγεῖν τὰ ξύλα, ὡς οὗτός φησι,
[1195] καταχρήσασθαι δὲ τοῦτον ἥκοντ᾽ εἰς τὴν οἰκοδομίαν
\ ς ~ A 4 7 / \
37 Τὴν GQUTOV τοις ξύλοις τουτοις; σκέψασθε δὲ

396

AGAINST TIMOTHEUS, 33-37

to his house in the Peiraeus,—this, too, is proved by
the deposition which will be read to you.

Tue Deposirion

That the timber, then, which Philondas brought
was the property of the defendant I have his own
testimony to prove ; for he admitted before the arbi-
trator that it was delivered to his house in Peiraeus,
as those who heard him have testified. But besides
this I shall try to prove to you by circumstantial
evidence that I am telling the truth. For do you
suppose, men of the jury, that, if the timber had
not been the property of Timotheus, and if he had
not begged my father—at the time he introduced
Philondas to him, when he was about to set sail to
join the king’s generals—to provide the freight, my
father would ever have allowed Philondas to carry
the timber away from the harbour, seeing that it
was pledged as security to him for the freight,
and would not rather have set one of his serv Fare
to keep watch and to receive the price as the
timber was sold, until he had recovered his money,
if we suppose that the timber was the property
of Philondas and was brought in for the sake of
trade? Then, besides this, does it seem to any-
one likely, that if Timotheus had not bidden my
father to supply the freight for the timber given
to him by Amyntas, my father would have trusted
Philondas, and have suffered him to deliver the
timber to the defendant’s house? Or, how is it
possible that Philondas, as is stated by the defendant,
brought in the timber for the sake of trade, and yet
that the defendant on his return used this timber
for the building of his house ? And observe this also,

397

36

38

39

40

[1196]

DEMOSTHENES

> - “ \ \ A ~ ~
κἀκεῖνο, ὅτι πολλοὶ καὶ χρηστοὶ τῶν πολιτῶν
οἰκεῖοι ὄντες τούτῳ ἐπεμέλοντο τῶν τούτου, ἀπο-
δημοῦντος παρὰ βασιλεῖ Τιμοθέου" ὧν οὐδεὶς
τετόλμηκε μαρτυρῆσαι. τούτῳ, 7), ὡς οὐκ ἔλαβεν ὁ
Φιλώνδας τὸ ναῦλον τῶν ξύλων ἀ ἀπὸ τῆς τραπέζης,
δ « \ > / 99 > « >? ~
ἢ ὡς λαβὼν ἀπέδωκεν, οὐδ᾽ αὖ ὡς αὐτῶν τις
διέλυσε τὸ ναῦλον ὑπὲρ τῶν ξύλων ὧν ἤγαγεν. ὁ
Φιλώνδας, δοθέντων τούτῳ παρ᾽ ᾿Αμύντου: ἡγοῦν-
ται γὰρ περὶ πλείονος αὑτοῖς εἶναι καλοὶ κἀγαθοὶ
A Ss lo δ ὔ / \
δοκεῖν εἶναι, μᾶλλον ἢ Τιμοθέῳ χαρίσασθαι τὰ
ψευδῆ μαρτυροῦντες. οὐ “μέντοι οὐδὲ τούτου γ᾽
ἔφασαν καταμαρτυρῆσαι ἂν τἀληθῆ: οἰκεῖον γὰρ
αὑτοῖς εἶναι. ὅπου τοίνυν μηδεὶς τετόλμηκε τῶν
οἰκείων τούτῳ μαρτυρῆσαι καὶ ἐπιμελομένων. τῶν
τούτου, ὅτε ἀπεδήμει οὗτος παρὰ βασιλεῖ, ἢ ὡς
οὐκ ἔλαβεν ὁ Φιλώνδας τὸ ναῦλον τῶν ξύλων ἀπὸ
τῆς τραπέζης, ἢ ὡς αὐτῶν τις διέλυσε, πῶς οὐκ
εἰκός ἐστιν ὑμᾶς ἡγεῖσθαί με τἀληθῆ λέγειν; καὶ
\ ΩΣ Di amy SAT , ε »
μὴν οὐδ᾽ ἐκεῖνό γε εἰπεῖν τολμήσει, ὡς ἄλλος τις
διέλυσε τὸ ναῦλον ὑπὲρ τῶν ξύλων ὧν ἤγαγεν ὁ
Φιλώνδας, ἢ 6 πατὴρ 6 ἐμός. ἐὰν δὲ καταχρῆται
τῷ λόγῳ, ἀξιοῦτε αὐτὸν καὶ τὴν μαρτυρίαν παρα-
σχέσθαι ὑμῖν τοῦ ἀποδόντος τὸ ναῦλον ὑπὲρ τῶν
ξύλων. αὐτὸς μὲν γὰρ ὁμολογεῖται ἀποδημεῖν
\ A \ \ / «Δ ” > \
mapa βασιλεῖ, τὸν δὲ Φιλώνδαν, ὃν ἔπεμψεν ἐπὶ
τὰ ξύλα καὶ συνέστησε τῷ πατρὶ τῷ ἐμῷ, τεθνη-
κότα κατέλαβες ἥκων παρὰ βασιλέως. ἀναγκαῖον
δὴ τῶν ἄλλων οἰκείων καὶ ἐπιτηδείων, οὗς κατέλιπες
ἀποδημεῖν μέλλων συνεπιμελεῖσθαι τῶν σαυτοῦ,
> / \ “ \ ~ ~ / / if
εἰδέναι τινὰ ὅθεν τὸ ναῦλον τῶν ξύλων πορίσας ὁ

1 εἰπεῖν, omitted in the mss., was added by Hirschig.
398

AGAINST TIMOTHEUS, 37-40

that many worthy citizens were friends of the defend-
ant and looked after his affairs while Timotheus was
abroad in the service of the king, and yet not one of
these has dared to testify on τς behalf either that
Philondas did not receive from the bank the freight
of the timber, or that, having received it, he paid it
back ; or, again, that any one of them settled for the
freight of ἘΣ timber which Philondas brought and
which had been given to the defendant by Amy ntas.

For they deem it a matter of higher import to them-
selves to preserve their Ghemacter as worthy and
honourable men than to do a favour to Timotheus by
giving false testimony. But they declared that they

would not testify to the truth against him ; for they
said he was their friend. Since, then, no one of those
who are his friends, and who looked after his affairs
when he was abroad in the service of the king, has
ventured to testify either that Philondas did not re-
ceive from the bank the freight for the timber, or that
any one of them paid it, is it not reasonable that you
should believe that I am speaking the truth? Surely
he will not venture to say this, that anyone other
than my father paid the freight for the timber which
Philondas brought. If he does insist upon this argu-
ment, demand of him that he produce before you the
deposition of the person who paid the freight for the
timber. For it is admitted that he was himself
abroad in the king’s service, and as for Philondas,
whom he sent to fetch the timber and whom he
introduced to my father—you found on your return
from the king’s service, Timotheus, that he was dead.
It must be, then, that some other of your relatives
and friends, whom you left to look after your affairs
when you were about to go abroad, knows from what

399

9:

8

41

43

DEMOSTHENES

/ ~ / / > A Ἁ ‘
Φιλώνδας τῷ ναυκλήρῳ διέλυσεν, εἰ μὴ φὴς τὸν

/ \ > \ ~ ~ \ ~ ‘
πατέρα Tov ἐμὸν συστῆσαι αὐτῷ, μηδὲ λαβεῖν τὸν
Φιλώνδαν παρὰ τοῦ πατρὸς τοῦ ἐμοῦ τὸ ναῦλον
τῶν ξύλων. μαρτυρίαν τοίνυν οὐδενὸς ἔχεις παρα-
σχέσθαι τῶν οἰκείων τῶν σαυτοῦ, ὡς οὐκ ἐλήφθη
σοῦ ἀποδημοῦντος τὸ ναῦλον τῶν ξύλων ἀπὸ τῆς

/ > \ “ / μ 3 \ ~ ~
τραπέζης, ἀλλὰ δυοῖν θάτερον, ἢ οὐδενὶ χρῇ τῶν
οἰκείων οὐδὲ πιστεύεις τῶν σαυτοῦ οὐδενί, ἢ εἰδὼς
ἀκριβῶς τὸν Φιλώνδαν λαβόντα τὸ ναῦλον τῶν
ξύλων παρὰ τοῦ πατρὸς τοῦ ἐμοῦ, ᾧπερ αὐτὸν
συνέστησας ὅτε ἐξέπλεις, οἴει δεῖν ἀποστερήσας

are 2\ δ, δ A =e SN , 53.» ὃ
μας, εαν ΟὐνΊ), 7 €OVEKTELV. εγὼ τοινυν, W AV pes

δικασταί, πρὸς TH μαρτυρίᾳ, ἧ παρέσχημαι ὑμῖν
μαρτυροῦντας τοὺς δόντας τὸ ἀργύριον οἷς οὗτος
΄σ /
ἐκέλευσε καὶ καθημένους ἐπὶ τῇ τραπέζῃ τότε,
\ / > / / > a Δ 3 7
καὶ πίστιν ἠθέλησα Tiobew ἐπιθεῖναι, ἣν avayvw-
σεται ὑμῖν.

ΟΡΚΟΣ

> / io Μ / / ¢
Οὐ τοίνυν, ὦ avdpes δικασταί, γράψας μοι ὁ
πατὴρ κατέλιπε τὰ χρέα μόνον, ἀλλὰ καὶ ἔλεγεν
ἀρρωστῶν a τ᾽ ὀφείλοιτο αὐτῷ ἕκαστον, καὶ παρ᾽
= A ~ ~
ᾧ, καὶ εἰς 6 τι ἐλήφθη TO ἀργύριον, καὶ τῷ ἀδελφῷ
~ > ~
τῷ ἐμῷ. ᾿
\ c Ae > ~ /, > tf \
Kai ὡς ταῦτ᾽ ἀληθῆ λέγω, ἀνάγνωθί μοι τὴν
μαρτυρίαν τοῦ ἀδελφοῦ.

MAPTYPIA

‘Os μὲν τοίνυν κατελείφθη ὀφείλων Τιμόθεος
400

AGAINST TIMOTHEUS, 40-43

source Philondas got the freight for the timber and
paid the shipowner, if you deny that you introduced
my father to Philondas, or that Philondas got the
freight for the timber from my father. However, 41
you cannot produce a deposition from any of your
friends to prove that the freight for the timber was
not received from the bank, while you were abroad ;
therefore one or the other of two things follows :
either you are on good terms with no one of your
friends and have no confidence in any of your con-
nexions, or else, though knowing well that Philondas
did receive the freight for the timber from my father,
to whom you introduced him when you were about
to set out on your voyage, you see fit to rob us, if
you can, and enrich yourself. On my part, men of 42
the jury, in addition to the deposition which I have
produced before you of those who at the time were
serving as clerks in the bank and who paid the
money to the persons to whom Timotheus bade them
pay it, I was ready also to confirm my statements
by an oath, which the clerk will read to you.

THe Oatu

Now, men of the jury, my father not only wrote out
and left to me a record of his credits, but also during
his illness told me of each particular debt that was
due to him, the person in whose possession the money
was, and the purpose for which it was received ; and
he made these statements to my brother also.

To prove that I am speaking the truth in this, (to the
clerk) read, please, the deposition of my brother.

Tue DeEposiTion

Well then, that Timotheus was left by my father 43
VOL. 11 2D 401

DEMOSTHENES

OnE ; -- - /
ἡμῖν τὸ ἀργύριον ὑπὸ τοῦ πατρός, οὗ δικάζομαι
αὐτῷ, καὶ γίγνεται ἐμὸν τὸ μέρος, ὅ τε ἀδελῴός
4
μοι μεμαρτύρηκε καὶ ὁ Φορμίων ὁ δοὺς τὸ ἀργύριον,
» > \ / / > / > ~
[1197] κἀγὼ τούτων πίστιν ἠθέλησα ἐπιθεῖναι. προ-
΄- ~ \
καλεσαμένου δὲ τούτου πρὸς TH διαιτητῇ καὶ
κελεύοντος ἐνεγκεῖν τὰ γράμματα τὰ ἀπὸ τῆς
τραπέζης, καὶ ἀντίγραφα αἰτοῦντος, πέμψαντος
Φρασιηρίδην ἐπὶ τὴν τράπεζαν, τῷ τε Φρασιηρίδῃ
~ /
ἐξενέγκας ἔδωκα ζητεῖν τὰ γράμματα Kal ἐκγρά-
φεσθαι ὅσα οὗτος ὦφειλεν.
ἈΝ ¢ , A a we ,
Καὶ ὡς ὡμολόγει λαβεῖν οὗτος τὰ ἀντίγραφα,
ἀνάγνωθί μοι τὴν μαρτυρίαν.

MAPTYPIA

\ , \ \ / / ‘
44 II pos TOWVV TOV διαιτητὴν κομισαντος μου τὰ
- «
γράμματα, παρὼν ὁ Φορμίων καὶ ὁ Εὐφραῖος, οἱ
δόντες τὸ ἀργύριον οἷς ἐκέλευσεν οὗτος, ἐξήλεγχον
αὐτὸν ἐν οἷς τε χρόνοις ἕκαστον ἐδανείσατο, καὶ
ὅστις ἔλαβε τὸ ἀργύριον, καὶ εἰς ἃ κατεχρήσατο.
ὁ δὲ τὰς μὲν χιλίας καὶ τριακοσίας καὶ πεντήκοντα
\ / \ > > / “Ὁ 4 > / ~
Kal μίαν καὶ δύ᾽ ὀβολώ, ἃς πρώτας ἐδανείσατο TOD
Μουνιχιῶνος μηνὸς μέλλων ἐκπλεῖν ἐπὶ Σωκρατίδου
ἄρχοντος, καὶ ἐκέλευσε δοῦναι ᾿Αντιμάχῳ τῷ
ταμίᾳ τῷ ἑαυτοῦ, ἰδίᾳ ἔφη δανεῖσαι τὸν πατέρα
3 / \ > Ε] A A \ e \
45 Αντιμάχῳ και οὐκ αὕτος λαβεῖν. και WS μεν
3 - / 3 / / / /
ἀληθῆ λέγει, οὐδένα μάρτυρα παρέσχηται, λόγῳ
δὲ καταχρῆται, ἵνα μὴ αὐτὸς δοκῇ ἀποστερεῖν,
> > > / / / cy ΝΜ
ἀλλ᾽ ᾿Αντίμαχος δανείσασθαι. καίτοι, ὦ ἄνδρες
δικασταί, μέγα ὑμῖν ἐρῶ τεκμήριον, ὅτι οὐκ
409

AGAINST TIMOTHEUS, 43-45

as a debtor owing us the money for which I am suing
him, and that this is a part of my share, my brother
has testified, and so has Phormio, who ‘paid the
money ; and I was ready to confirm the fact by an
oath. But when the defendant challenged me before
the arbitrator, bidding me bring the books from the
bank and demanding copies, and sent Phrasierides
to the bank, I brought out the books and allowed
Phrasierides to examine them and to copy out the
entries of all the sums that Timotheus owed.

To prove that the defendant himself admitted
having received the copies, (to the clerk) please read
the deposition.

Tue Derposirion

I therefore brought the books to the arbitrator. 44
Phormio and Euphraeus, who had paid the money
to the persons designated by Timotheus, were
present, and they exposed his falsehoods by show-
ing the date at which he had contracted each
a the person who received the money, and the
use for which he expended it. Regarding the one
thousand three hundred and fifty-one dr ae two
obols, which he borrowed as the first loan in the month
Munichion in the archonship of Socratidas, when he
was about to set out on his voyage, and which the
defendant ordered to be paid to Antimachus, his
treasurer, he declared that my father lent the money
to Antimachus on his own private account, and that
he (the defendant) did not himself receive it. To 45
prove the truth of this statement he has produced no
witness, but is vigorous in his assertion, in order that
it may not appear that he is himself defrauding us, but
that Antimachus borrowed the money. And yet, men
of the jury, I will give you a convincing proof that my

403

46 ,

[1198]

47

48

49

DEMOSTHENES

᾿Αντιμάχῳ ἐδάνεισεν ὁ πατὴρ τὸ ἀργύριον, ἀλλὰ
T ιμοθέῳ “περὶ “ἀναγωγὴν ὄντι. πότερα γὰρ av
οἴεσθε ῥᾷον εἶναι τῷ πατρί, δημευθέντων τῶν
᾿Αντιμάχου ἐνεπισκήψασθαι ἐ ἐν τῇ οὐσίᾳ τῇ ἐκείνου
ἐνοφειλόμενον αὑτῷ τοῦτο τὸ ἀργύριον, εἴπερ
Αντιμάχῳ ἐδάνεισεν, ἢ ἀναμένειν ὁπότε παρὰ τού-
του κομιεῖσθαι ἔμελλεν εὐπορήσαντος, ὃς οὐ πολ-
λὰς ἐλπίδας σωτηρίας περὶ αὑτοῦ εἶχεν ἐν ἐκείνῳ
τῷ χρόνῳ; καὶ μὴν ἐνεπισκηψάμενός γε οὔτ᾽ ἂν
παρακαταβολῆς ἠπόρησεν, οὔτ᾽ ἂν ἠπιστήθη ὑφ᾽
ὑμῶν" πάντες γὰρ ἦστε τὸν πατέρα τὸν ἐμὸν οὐ
τῶν δημοσίων ἀδίκως ἐπιθυμοῦντα, ἀλλὰ τῶν ad-
τοῦ ὑμῖν, ὅτε κελεύσαιτε, προθύμως ἀναλίσκοντα"
εἶτα καὶ ἐπιτηδείου ὄντος αὐτῷ Καλλιστράτου,
ὅσπερ ἐδήμευσε τὰ ᾿Αντιμάχου, ὥστε μηδὲν ἐναν-
τιοῦσθαι. ὥστε τί ἄν ποτε βουλόμενος ὁ πατὴρ
ἐβούλετο Τιμόθεον χρήστην ἐγγράψας ἡμῖν κατα-
λιπεῖν, εἴπερ μὴ adhere τοῦτο τὸ ἀργύριον, μᾶλλον
ἢ οὐκ ἐκ τῶν ᾿Αντιμάχου δημευθέντων ἐνεπισκηψά-
μενος κομίσασθαι;

Περὶ δὲ τῶν χιλίων δραχμῶν, ἃς ἐδανείσατο
παρὰ τοῦ ᾿Αντιφάνους ἐν Ἰζαλαυρείᾳ, ἵνα διαδοίη
τοῖς Βοιωτίοις τριηράρχοις, μέλλων καταπλεῖν ἐπὶ
τὴν κρίσιν, καὶ ἀπέδωκε τῷ Φιλίππῳ τῷ ναυ-
κλήρῳ ἐνθάδε λαβὼν παρὰ τοῦ πατρὸς τοῦ ἐμοῦ,
τὸν Βοιώτιον ναύαρχόν φησι δανείσασθαι, καὶ
ὑποθεῖναι τούτου τοῦ ἀργυρίου τῷ πατρὶ τῷ ἐμῷ
χαλκόν. ws δ᾽ οὐκ ἀληθῆ λέγει, μέγα ὑμῖν ἐρῶ
τεκμήριον. πρῶτον μὲν γὰρ ἐν Καλαυρείᾳ οὗτος
φαίνεται δανεισάμενος τὰς χιλίας δραχμὰς καὶ οὐχ
ὁ Βοιώτιος ναύαρχος, ἔπειτ᾽ ἀπαιτῶν ὁ Φίλιππος

α This was a small sum to coyer court charges.

4.04

AGAINST TIMOTHEUS, 45-49

father lent the money, not to Antimachus, but to
Timotheus when he was about to sail. For which do
you think would have been the easier course for my
father, to file. a claim against the estate of Antimachus,
when his pr oper ty was confiscated, for this sum as due
to him, supposing he had lent it to Antimachus, or to
wait until the defendant might be in better cireum-
stances so as to collect it from him, seeing that he had
at that time little hope of deliverance ? “Surely, if he
had filed the claim, he would not have been at a loss
to find the deposit money,” nor would you have had
any cause to disbelieve him. For you all know that
my father had no wish unjustly to acquire public
funds, but that he willingly expended his own money
in your service whenever you bade him do so; and
besides, Callistratus, who sold the goods of Anti-
machus, was a friend of his, so ee my father was
meeting no opposition. What possible motive, then,
could my father have had to leave Timotheus in-
scribed in his books as our debtor, if he did not really
owe the money, rather than file his claim and recover
his debt from the confiscated estate of Antimachus ?

Now with regard to the one thousand drachmae
which he borrowed from Antiphanes in Calaureia to
distribute to the Boeotian trierarchs, when he was
about to sail home for his trial, and which he paid to
Philip the shipowner after he had got them from my
peay he maintains that the Boeotian admiral bor-

owed the money and gave my father some copper as
sine for it. That ose. however, is untrue, I will
give you a convincing proof. In the first place, it is
proved that the defendant borrowed the thousand
drachmae in Calaureia, and not the Boeotian admiral;
secondly, that Philip demanded payment of the

4.05

46

47

48

DEMOSTHENES

> θ as a \ Mi ὃ \ \ > \
€VUGOE τοῦτον τας χιλιᾶς ρᾶάχμας και οὐ τον

[1199] Βοιώτιον ναύαρχον, καὶ ἀποδοὺς οὗτος, ἀλλ᾽ οὐχ

0

ε 7 Ἃ ~ ΄
ὁ Βοιώτιος ναύαρχος: προσῆκε γὰρ τῷ μὲν Βοιωτίῳ
»Μ A / 4 A ~ ~
ἄρχοντι παρὰ τούτου τὴν τροφὴν τοῖς ἐν ταῖς ναυσὶ
/ > A ~ ~
λαμβάνειν: ἐκ γὰρ τῶν κοινῶν συντάξεων ἡ μισθο-
, 5 a /
φορία ἣν τῷ στρατεύματι: τὰ δὲ χρήματα σὺ
“ > / ~
ἅπαντα ἐξέλεξας ἐκ τῶν συμμάχων, καὶ σὲ ἔδει
αὐτῶν λόγον ἀποδοῦναι. εἶτα καταλυθεισῶν τῶν
Βοιωτίων νεῶν καὶ διαπελθόντων τῶν στρατιωτῶν,
~ >
τῷ μὲν Βοιωτίῳ ναυάρχῳ οὐδεὶς κίνδυνος ὑπ
> A@ ,ὔ Ss δ᾽ > > ~ θ / ᾽ὃ ,ὔ
Αθηναίων ἣν, οὐδ΄ ἐν ἀγῶνι καθειστήκει οὐδενί"
\ > 3 ~ / / 5» n “τ ~
av 0 ev τῷ μεγίστῳ: περίφοβος δ᾽ ὧν ἡγοῦ σοι
/,
μεγάλην ἐπικουρίαν ἀπολογίας ἔσεσθαι, ἐὰν παρα-
c ,
μείνωσιν αἱ Βοιώτιαι τριήρεις, ἕως ἄν σοι ἡ κρίσις
» >
γένηται. ἔπειτα καὶ ἐκ τίνος φιλίας ἄν ποτ
ϑ᾽ ~ /
ἐδάνεισεν ὃ πατὴρ ὁ ἐμὸς τῷ Βοιωτίῳ ναυάρχῳ
A th / a » > > ’ > \
Tas χιλίας δραχμάς, ὃν ovo ἐγίγνωσκεν; ἀλλὰ
‘
yap ὑποθέσθαι φησὶν αὐτὸν χαλκόν. πόσον τινὰ
καὶ ποδαπόν; καὶ πόθεν γενόμενον τὸν χαλκὸν
~ ~ >
τοῦτον τῷ Βοιωτίῳ ναυάρχῳ; πότερα κατ᾽ ἐμ-
πορίαν ἀχθέντα 7 ἀπ᾽ αἰχμαλώτων γενόμενον;
τὰ ἘΣ ς
εἶτα τίνες ἦσαν οἱ ἐνέγκαντες τὸν χαλκὸν ὡς
τὸν πατέρα τὸν ἐμόν; μισθωτοὶ ἢ οἰκέται; ἢ τίς
ὃ παραλαβὼν τῶν οἰκετῶν τῶν ἡμετέρων; χρῆν
γὰρ αὐτόν, εἰ μὲν οἰκέται ἤνεγκαν, τοὺς κομίσαντας
/ 9 \ / A Ὁ /
παραδιδόναι, el Oe μισθωτοί, τὸν ὑποδεξάμενον
καὶ ἀποστησάμενον τὸν χαλκὸν τῶν οἰκετῶν τῶν
ἡμετέρων, τοῦτον ἐξαιτεῖν- οὐ γὰρ δήπου ἄνευ γε
ψῪ 3}, Vif}? ee / /
σταθμοῦ ἔμελλεν οὔθ᾽ ὁ ὑποτιθέμενος παραλήψεσθαι

[1200] οὔθ᾽ ὁ ὑποτιθεὶς τὸν χαλκὸν παραδώσειν, οὐδ᾽ αὖ

4.06

AGAINST TIMOTHEUS, 49-52

thousand drachmae here from Timotheus and not
from the Boeotian admiral, and that Timotheus made
payment and not the Boeotian admiral ; for it was
quite proper that the Boeotian admiral should receive
from Timotheus the maintenance for the crews of his
ships, since the pay for the troops came out of a
common contribution, and it was you, Timotheus,
who collected all the money from the allies, and you
were bound to account for it. Again, supposing ‘the
Boeotian fleet had disbanded and he troops had dis-
persed to their various homes, the Boeotian admiral
was in no danger from the Athenians, nor was any
trial impending over him ; you, however, were in
very great danger, and in your utter terror you
thought it would be a great aid to your defence, if
the Boeotian triremes should stay with the fleet until
your trial should come off. Besides, from what
motive of friendship pray, would my father have lent
the one thousand drachmae to the Boeotian admiral
whom he did not even know? Ah, but he says the
admiral pledged some copper as security. How
much, then? and from what country was it imported ἢ

And from what source did the Boeotian admiral get

the copper? Was it imported by way of trade, or
was it obtained from prisoners ? Then who were the
persons who brought the copper to my father? Were
they hired men, or slaves? And which one of our
slaves was it who received it? For, if slaves brought
it, he ought to have delivered them up for the
torture, but if hired men, he ought to have demanded
for the torture the slave of ours who received and
weighed the copper; for, I fancy, neither would the
one taking the copper in pledge accept it, nor the one
offering it give it over, without weighing ; nor was

407

ῳ

i |

or

50

|
|

bo

DEMOSTHENES

4 A » , ‘ ” ” ‘ ‘A
ὁ πατὴρ ἔμελλεν αὐτὸς οὔτε οἴσειν τὸν χαλκὸν
οὔτε στήσεσθαι, ἀλλ᾽ οἰκέται ἦσαν αὐτῷ οἵ τὰ
53 ἐνέχυρα τῶν δανεισμάτων παρελάμβανον. θαυ-
μάζω δ᾽ ἔγωγε καὶ τίνος ἄν ποτε εἵνεκα ὑπετίθει
τὸν χαλκὸν τῷ πατρὶ τῷ ἐμῷ ὁ Βοιώτιος ναύαρχος,
/ > τὰ fia ¥ / / ¢ €
Φιλίππῳ ὀφείλων χιλίας δραχμάς. πότερον ws ὁ
/ e , “ [2 / / > v4 ”
Φίλιππος οὐκ ἂν ἡδέως τόκον ἐλάμβανεν, εἴπερ
ἀσφαλῶς ἣν αὐτῷ τὸ ἀργύριον δεδανεισμένον καὶ
ἐπ᾽ ἐνεχύρῳ; ἢ ὡς οὐκ ἦν τῷ Φιλίππῳ ἀργύριον;
ὥστε τί ἔδει τοῦ πατρὸς τοῦ ἐμοῦ δεηθῆναι
δανεῖσαι τὰς χιλίας δραχμὰς τὸν Βοιώτιον ναύ-
A > ~ 7 ~ ” ΕῚ A
apyov καὶ ἀποδοῦναι Φιλίππῳ, μᾶλλον ἢ οὐ τὸν
54 χαλκὸν ὑποθεῖναι τῷ Φιλίππῳ; ἀλλ᾽ οὔθ᾽ ὃ χαλκὸς
ὑπετέθη, ὦ ἄνδρες Siena ov@ ὁ Βοιώτιος
ναύαρχος ἐδανείσατο τὰς Ds δραχμὰς παρὰ τοῦ
πατρὸς τοῦ ἐμοῦ, ἀλλὰ Τιμόθεος οὑτοσὶ ἐν ἀπορίᾳ
ὧν πολλῇ: τὴν δὲ “χρείαν, εἰς ἣν κατεχρήσατο τῷ
ἀργυρίῳ, εἴρηκα ὑμῖν. ἀντὶ δὲ τοῦ χάριν ἀπο-
δοῦναι ὧν ἐπιστεύθη καὶ ἔλαβε παρὰ τοῦ πατρὸς
τοῦ ἐμοῦ, οἴεται δεῖν καὶ τὰ ἀρχαῖα, ἂν δύνηται,
ἀποστερῆσαι.
x Il \ / ~ AO \ ~ ~ ~ >
δῦ ερὶ τοίνυν τῶν φιαλῶν καὶ τῆς μνᾶς τοῦ ἀργυ-
ρίου, ἣν ἐδανείσατο παρὰ τοῦ πατρὸς πέμψας τὸν
ἀκόλουθον τὸν ἑαυτοῦ Αἰσχρίωνα τῆς νυκτὸς ὡς
τὸν πατέρα τὸν ἐμόν, ἠρόμην αὐτὸν πρὸς τῷ
~ DP. ~ ΕΣ ¢ > / A » /
διαιτητῇ, εἰ ἔτι δοῦλος εἴη 6 Αἰσχρίων, καὶ ἠξίουν
αὐτὸν ἐν τῷ δέρματι τὸν ἔλεγχον διδόναι. ἀπο-
κριναμένου δέ μοι τούτου ὅτι ἐλεύθερος εἴη,
τῆς μὲν ἐξαιτήσεως ἐπέσχον, μαρτυρίαν δ᾽ αὐτὸν
> / > / ~ - / e > θέ
ἠξίουν ἐμβαλέσθαι τοῦ Αἰσχρίωνος ὡς ἐλευθέρου
56 » ε \ ” ¢ > 7 ΝΜ ~ > ,ὔ
[1201] ὄντος. ὁ δὲ οὔτε ὡς ἐλευθέρου ὄντος τοῦ Αἰσχρί-
~ A
wvos μαρτυρίαν παρέσχετο, οὔθ᾽ ws δοῦλον Tov
408

AGAINST TIMOTHEUS, 52-56

my father likely to carry the copper and weigh it
himself, since he had slaves who were accustomed to

receive the articles given as security for loans. And 53

I certainly wonder for what possible reason the
Boeotian admiral should have given the copper to
my father as security, if he owed a thousand drachmae
to Philip. Was it that Philip would not have been
glad to receive interest, if his money was lent safely
and on security? or that Philip had no money?
So, what need was there for the Boeotian admiral to
ask my father to lend the thousand drachmae and
pay Philip, rather than give the copper as security
to Philip ? But, men of the jury, the copper was
not given as security, nor did the Boeotian admiral
borrow the thousand drachmae from my father, but
this man Timotheus borrowed them, being in great
distress ; and the urgent need, to meet “ἢ he
used the money, 1 have told you. But instead of
evincing gratitude for the confidence shown him
and the loan which he received from my father, he
thinks it proper to defraud us, if he can, even of the
principal.

Now, as to the bowls and the mina of silver, which
he borrowed from my father when he sent his body-
servant Aeschrion to my father in the night, I asked
him before the arbitrator if Aeschrion was still a slave,
and demanded that he be put to the test “in his
hide.”’* He answered that Aeschrion was free, so I
desisted from my demand ; but I required him to put
in a deposition made by Aeschrion as being a free

or

Or

man. He, however, neither provided a deposition 56

from Aeschrion, as being free, nor would he deliver

« That is, under the torture; in this case apparently
scourging.
4.09

DEMOSTHENES

Αἰσχρίωνα παραδοὺς ἐκ τοῦ σώματος Tov ἔλεγχον
ἠξίου γενέσθαι, φοβούμενος, ἐὰν μὲν μαρτυρίαν
παράσχηται ὡς ἐλευθέρου ὄντος, μὴ ἐπισκηψά-
μενος ἐγὼ τῶν ψευδομαρτυριῶν καὶ ἐξελέγξας τὰ
ψευδῆ μεμαρτυρηκότα τὸν Αἰσχρίωνα, ἐπὶ τόνδε
τῶν κακοτεχνιῶν ἔλθοιμι κατὰ τὸν νόμον, εἰ δ᾽
αὖ βασανίζειν παραδοίη, μὴ τὰς ἀληθείας κατείποι

57 ὁ Αἰσχρίων. καίτοι καλὸν ἢ ἦν αὐτῷ, εἰ τῶν ἄλλων
λημμάτων τοῦ ἀργυρίου μάρτυρας μὴ εἶχε παρα-
σχέσθαι, τοῦτό γ᾽ ἐξελέγξαι ἐκ τοῦ Αἰσχρίωνος,
ὡς οὐκ ἐλήφθησαν at φιάλαι οὐδ᾽ ἡ μνᾶ τοῦ ἀρ-
γυρίου, οὐδ᾽ ἐπέμφθη ὁ Αἰσχρίων ὑπὸ τούτου
ὡς τὸν πατέρα τὸν ἐμόν, καὶ τεκμηρίῳ τούτῳ
καταχρήσασθαι πρὸς ὑμᾶς, ὅτι ἐγὼ καὶ τἄλλα
ψεύδομαι. περὶ ὧν ἐγκαλῶ αὐτῷ, ὅπου γε ὃν φημι
λαβεῖν οἰκέτην ὄντα τούτου τὰς φιάλας καὶ τὴν
μνᾶν τοῦ ἀργυρίου, οὗτος βασανιζόμενος. οὐ φαί-

58 νεται λαβών. εἰ τοίνυν τοῦτο ἰσχυρὸν ἢ ἣν ἂν τούτῳ
πρὸς ὑμᾶς τεκμήριον, ὅτι ἐξεδίδου τὸν Αἰσχρίωνα,
ὃν πεμφθῆναί φημι ὑπὸ τούτου καὶ λαβεῖν τὰς
φιάλας παρὰ τοῦ πατρὸς τοῦ ἐμοῦ καὶ τὴν μνᾶν
τοῦ ἀργυρίου δανείσασθαι, κἀμοὶ γενέσθω τεκμή-
ριον πρὸς ὑμᾶς, ὅτι συνειδώς με ἀληθῆ ἐγκαλοῦντα
οὐ τολμᾷ τὸν Αἰσχρίωνα παραδοῦναι.

59 ᾿Απολογίαν τοίνυν ποιήσεται, ὅτι ἐν τοῖς γράμ-
μασι τοῖς τραπεζιτικοῖς ἐπ᾽ ᾿Αλκισθένους ἄρχοντος
ἣν “γεγραμμένος τό τε ναῦλον τῶν ξύλων εἰληφὼς
καὶ τὴν τιμὴν τῶν φιαλῶν, ὃ ἀπέτεισε Τιμοσθένει

[1202] ὑπὲρ τούτου ὁ πατήρ, καὶ ὅτι αὐτὸς ἐν τούτῳ τῷ
χρόνῳ οὐκ ἐπεδήμει, ἀλλὰ παρὰ βασιλεῖ ἦν. περὶ
δὴ τούτου σαφῶς ὑμᾶς βούλομαι διδάξαι,

410

AGAINST TIMOTHEUS, 56-59

him up as a slave that proof might be had from his
body ; for he was afraid that, if he produced a
deposition from him as being free, I should bring
suit for false testimony, and after proving that
Aeschrion had testified falsely, should proceed against
Timotheus himself for subornation, as the law pro-
vides ; and if, again, he should deliver him up for the
torture, he was afraid that Aeschrion would state the
truth against him. And yet it was a fine opportunity
for him, if he was unable to produce witnesses con-
cerning the other receipts of money, to prove this at
any mate by the words of Aeschrion—that the bowls
and the mina of silver were not received, and that
Aeschrion was not sent by him to my Ppnene ; and
then to use this as evidence to you that Lam uttering
falsehoods in regard to my other claims upon him,
seeing that his slave, w hom I declare to have received
the bowls and the mina of silver, was proved by the
torture not to have received them. If, then, this
would have been a strong piece of evidence for him
to use before you, that, namely, he offered to deliver
up Aeschrion, whom I declare to have been sent by
the defendant and to have received the bowls from
my father and to have borrowed the mina of silver,
let it also be evidence for me to use before you, that
knowing my claims to be true, he does not dare to
deliver up Aeschrion for the torture.

Well, he will make the defence that he was listed :

in the books of the bank in the archonship of Alcis-
thenes as having received the freight of the timber
and the price ae the bowls, which my father paid to
Timosthenes on his behalf, and that he was not at that
time in the country, but was in the service of the
king. About this I wish to give you accurate in-

411

σι
«J

00

61

DEMOSTHENES

3 ~ QA a /, yw \ / \
ἀκριβῶς εἰδῆτε ὃν τρόπον ἔχει τὰ γράμματα τὰ
3 \ ~ - ~
ἀπὸ τῆς τραπέζης. οὗτος yap ἐν μὲν τῷ Oapyn-
~ > >
Adve μηνὶ ἐπ᾽ ᾿Αστείου ἄρχοντος, μέλλων ἀν-
/ © / / \ /
ἄγεσθαι ws βασιλέα, συνέστησε τὸν Φιλώνδαν
χω \ ~ ~ ~ ~
τῷ πατρὶ τῷ ἐμῷ: τοῦ δ᾽ ὑστέρου ἐνιαυτοῦ, ἐπὶ
᾿Αλκισθένους ἄρχοντος, ἀφικνεῖται ὃ Φιλώνδας
” \ / > ~ f , \ ” \
ἄγων τὰ ξύλα ἐκ τῆς Μακεδονίας, καὶ ἔλαβε τὸ
ναῦλον τῶν ξύλων παρὰ τοῦ πατρὸς τοῦ ἐμοῦ,
ἀποδημοῦντος τούτου παρὰ βασιλεῖ. ἐγράψαντο
οὖν, ὅτε ἐδίδοσαν τὸ ἀργύριον, ὀφείλοντα τοῦτον,
οὐχ ὅτε συνέστησε τὸν Φιλώνδαν τῷ πατρὶ τῷ
ἐμῷ ἐπιδημῶν. ὅτε μὲν γὰρ συνέστησεν, οὐδέπω
τὰ ξύλα ἧκεν, ἀλλ᾽ ἔμελλεν ἐπ᾽ αὐτὰ ὁ Φιλώνδας
\ / - -“ 3 or \ ΄ ΝΜ
τὴν πορείαν ποιεῖσθαι: ὅτε δ᾽ ἦλθε τὰ ξύλα ἄγων,
οὗτος μὲν ἀπεδήμει, ὁ δὲ Φιλώνδας ἔλαβε τὸ
= A , , a Sar \
ναῦλον τῶν ξύλων, καθάπερ οὗτος ἐκέλευσε, καὶ
ἀνεκομίσθη εἰς τὴν οἰκίαν τὴν ἐν [Πειραιεῖ τὴν
/ \ 4 Ὁ 5 ΕῚ 5 ~ > /
τούτου τὰ ξύλα. ὅτι δ᾽ οὐκ εὐπορῶν ἐξέπλει
> / ” A \ b) \ Ὁ“ ᾿] ~ e > /
ἐνθένδε, ἴστε μὲν Kal αὐτοὶ ὅσοις αὐτοῦ ἡ οὐσία
ὡρισμένη ἦν, οὗς νῦν ἀποστερεῖ.
ov > > ~ “ \ Μ >? / »Μ /,
Iva δ᾽ εἰδῆτε ὅτι καὶ ἄνευ ἐνεχύρων ὠφειλέ τισι
τῶν πολιτῶν, οὐκ ἔχων ὑποθεῖναι τὰ ἀξια, ἀνά-

γνωθί μοι τὴν μαρτυρίαν.
ΜΑΡΤΎΡΙΑ

\ A ~ ~ “Δ >’ ᾽ὔ \ > ~
Περὶ δὲ τῶν φιαλῶν, ἃς ἡτήσατο μὲν ἐν TH Μαι-
΄σ >]

μακτηριῶνι μηνὶ ὁ Αἰσχρίων ὁ ἀκόλουθος ὁ τούτου
ἐπ᾽ ᾿Αστείου ἄρχοντος, ἐπιδημοῦντος τούτου, ὅτε
ς / > / AGS: / / \
ὑπεδέξατο ᾿Αλκέτην καὶ ᾿Ιάσονα, γεγραμμένου δὲ
412

AGAINST TIMOTHEUS, 59-62

formation, that you may understand clearly how the
books of the bank are kept. The defendant in the 60
month Thargelion in the archonship of Asteius, when
he was about to sail to take service with the king,
introduced Philondas to my father ; and in the follow-
ing } year in the archonship of Alcisthenes, Philondas
arrived bringing the timber from Macedonia and
received the freight from my father, while Timotheus
was abroad in the service of the king. Accordingly
they entered the defendant as debtor at the time they
paid the money, not at the time when, being in
Athens, he had introduced Philondas to my father.
For, when he introduced him, the timber had not 61
yet come, but Philondas was about to make the
journey to fetch it; when, however, he came back,
bringing the timber, the defendant was abroad, but
Philondas received the freight for the timber accord-
ing to the defendant’s orders, and the timber was
delivered to the defendant’s house in Peiraeus. That
Timotheus was not well provided with funds when he
sailed from Athens is already known to all of you to
whom his estate was mortgaged, and whom he is now
seeking to defraud.

However, to prove that he borrowed money from
some of our citizens without security, since he had no
equivalent security to give, (to the clerk) please read
the deposition.

Tue Deposirion

Now regarding the bowls which Aeschrion, the 62
body-servant of the defendant, requested of me in the
month Maimacterion in the archonship of Asteius,
when Timotheus was in Athens at the time when he
entertained Alcetas and Jason, and with the value

415

[1908]

63

64

65

DEMOSTHENES

\
τὴν τιμὴν ὀφείλοντος τούτου ἐπ᾽ ᾿Αλκισθένους
ἄρχοντος" τέως μὲν ᾧετο αὐτὸν ἀποίσειν τὰς φιά-
- 3
λας, ἃς ἡτήσατο, ὁ πατήρ᾽ ἐπειδὴ δ᾽ οὗτος μὲν ἀπ-
- \ \ / > > / 399 >
HAGe, τὰς δὲ φιάλας οὐκ ἀπενηνόχει, οὐδ᾽ ἦσαν
« / ~ / / \ ~
at φιάλαι τοῦ Τιμοσθένους κείμεναι παρὰ τῷ
/ a > > / \ / if /
Φορμίωνι, ἥκων δ᾽ ἀπήτει τὰς φιάλας ὁ θέμενος,
~ ~ ~ LA
ἀπέτεισε τιμὴν TOV φιαλῶν τῷ Τιμοσθένει, eypa-
~ ~ ,
ψατο δ᾽ ὁ πατὴρ αὑτῷ τοῦτον ὀφείλοντα πρὸς τὸ
» / σ > nn / 5 /
ἄλλο χρέως. wor av ταύτῃ ἀπολογίᾳ κατα-
c c
~ “ > , > A ΄ > e
χρῆται, ὅτι οὐκ ἐπεδήμει ἐν τοῖς χρόνοις ἐν οἷς
γέγραπται τὴν τιμὴν τῶν φιαλῶν ὀφείλων, ὑπο-
/ ΕἸ A “ com \ > ~ > \
βάλλετε αὐτῷ ὅτι “᾿ ἔλαβες μὲν ἐπιδημῶν: ἐπειδὴ
> > iy 2 > ΄ , > > > ε
δ᾽ οὐκ ἀπέφερες, ἀπεδήμεις δέ, οὐκ ἦσαν δ᾽ αἱ
/ Δ ς / > / > / \ \
φιάλαι ἃς ὁ θέμενος ἀπήτει, ἐγράφης τὴν τιμὴν
αὐτῶν ὀφείλων, ὃ ἀπετείσθη τῶν φιαλῶν. ἀλλὰ
\ ἍΥ / ” ” \ iy A 5 ᾿ >
νὴ Δία, φήσει ἴσως, ἔδει TOV πατέρα TOV ἐμὸν ἀπ-
- τ \ \ / > > Cf, ς >
αιτεῖν αὐτὸν τὰς φιάλας. ἀλλ᾽ ἑώρα σε ws ἧπο-
ροῦ. καὶ περὶ μὲν τοῦ ἄλλου χρέως σοι ἐπίστευε,
\ ¢€ ~ > \ ” > / \
καὶ ἡγεῖτο, ἐπειδὰν ἔλθῃς, ἀπολήψεσθαι παρὰ
σοῦ εὐπορήσαντος, περὶ δὲ τῶν φιαλῶν σοι
ἀπιστήσειν ἔμελλεν; καὶ ὑπέσχετο μὲν δεομένου
σου τὸ ναῦλον τῶν ξύλων παρασχήσειν, ὅτε ἀν-
ἤγου ὡς βασιλέα: ἕνεκα δὲ τῶν φιαλῶν, δυοῖν
ΕῚ ~ > / ” \ \ A Μ
οὐσῶν, ἀπιστήσειν σοι ἔμελλεν; καὶ τὸ μὲν ἄλλο
χρέως σε οὐκ ἀπῇήτει, ἀπορούμενον ὁρῶν: τὰς δὲ
΄ ”
φιάλας ἔμελλεν;
/ / \ \ ~ / ~
Βούλομαι τοίνυν καὶ περὶ τῆς προκλήσεως τοῦ
ὅρκου εἰπεῖν, ἣν ἐγώ τε τοῦτον προεκαλεσάμην
414

AGAINST TIMOTHEUS, 62-65

of which he was debited in the archonship of Alcis-
thenes—for some time my father supposed he would
return the bowls which he had borrowed ; but when
he went off without having returned them, and the
bowls of Timosthenes were no longer in the custody
of Phormio, and the one who had deposited them
came and demanded their return, my father paid the
price of the bowls to Timosthenes, and wrote the
defendant down as owing this sum in addition to the
rest of his debt. If, then, he makes use of this 63
defence, that he was not in Athens at the time when
he was debited with the cost of the bowls, make this
reply to him: “ You received them, when here, and
since you did not return them, and were abroad, and
the bowls which the depositor claimed were not there,
you were debited with their value, that sum, namely,
which was paid for the bowls.” Ah but, he will 64
perhaps say, my father ought to have demanded
the return of the bowls from him. But my father saw
in what straits you were, Timotheus. He trusted
you in regard to the rest of your debt, and believed
that τ your return to Athens he would recover his
money from you, when you should be better off for
funds. Was he, then, going to distrust you in the
matter of the bowls? He promised at your request
that he would provide the freight for the timber when
you were sailing to take service with the king ; was
he, then, going to distrust you because of a couple of
bowls? He did not demand of you that you pay
the rest of the debt, because he saw that you were
without funds. Was he, then, going to demand the
bowls ?

I wish now to speak about the challenge to an oath, 65
which I tendered the defendant, and he tendered me.

415

66

67

DEMOSTHENES

\ e > / > "ἢ \ > ~ “ .}
καὶ οὗτος ἐμέ. ἐμβαλομένου γὰρ ἐμοῦ ὅρκον εἰς
\ 3.) ταὶ > / \ ᾿Ὶ \ > / > /
Tov ἐχῖνον, ἠξίου καὶ αὐτὸς ὀμόσας ἀπηλλάχθαι.
> x > τς \ \ ~ > \ ” \
ἐγὼ δ᾽ εἰ μὲν μὴ περιφανῶς αὐτὸν ἤδη πολλοὺς
\
καὶ μεγάλους ὅρκους ἐπιωρκηκότα Kal πόλεσι καὶ
> 7 ” 3 an a “- \ a ~ /
ἰδιώταις, ἔδωκ᾽ ἂν αὐτῷ τὸν ὅρκον: νῦν δέ μοι
>? / ἊΝ » > \ ¢ ” \ >
ἐδόκει, μαρτύρων ὄντων ἐμοὶ ws ἔλαβον τὸ ap-
, = e - > ms
γύριον ἀπὸ τῆς τραπέζης οἷς οὗτος ἐκέλευσε δοῦ-
\ “- ἫΝ
ναι καὶ περιφανῶν τεκμηρίων, δεινὸν εἶναι ὅρκον
δοῦναι τούτῳ, ὃς οὐχ ὅπως εὐορκήσει πρόνοιαν
ποιήσεται, ἀλλ᾽ οὐδὲ τῶν ἱερῶν αὐτῶν ἕνεκα τοῦ
“ >
πλεονεκτήματος ἀπέσχηται. τὰ μὲν οὖν καθ
[2 . Co -
ἕκαστα πόλλ᾽ ἂν εἴη λέγειν, ὧν ἐπιώρκηκεν οὗτος
« / - ~
ῥᾳδίως: ots δὲ περιφανέστατα καὶ ὑμεῖς αὐτῷ
4
πάντες σύνιστε ὅρκους ἐπιωρκηκότι, τούτους ἀνα-
/ ~ ~ ~ /
μνήσω ὑμᾶς. ἴστε yap τοῦτον ἐν τῷ δήμῳ opo-
΄- > \
σαντα Kal ἐπαρασάμενον αὑτῷ ἐξώλειαν, εἰ μὴ ypa-
\
ψοιτο ᾿Ιφικράτην ξενίας, καὶ καθιερώσαντα τὴν
οὐσίαν τὴν ἑαυτοῦ. ὀμόσας δὲ ταῦτα καὶ ὑπο-
~ ~ 7
σχόμενος ἐν τῷ δήμῳ, οὐ πολλῷ χρόνῳ ὕστερον
. ~ ~ A ~ > /
ἕνεκα TOO συμφέροντος ἔδωκε τῷ υἱεῖ τῷ ἐκείνου
ἈΝ ,ὔ « > ΩΣ» ς ~ , / >
τὴν θυγατέραᾳ. ὃς οὖν οὔὐὔθ᾽ ὑμᾶς ἠσχύνθη ἐξ-
~ \
απατῆσαι ὑποσχόμενος, νόμων ὄντων, ἐάν τις TOV
΄- > Ss
δῆμον ὑποσχόμενος ἐξαπατήσῃ, εἰσαγγελίαν εἶναι
“- >
περὶ αὐτοῦ, οὔτε τοὺς θεοὺς ὀμόσας Kal ἐπαρα-
~ > ~
σάμενος ἑαυτῷ ἔδεισεν, οὗς ἐπιώρκησε, πῶς οὐκ
> \ > \ / \ > / “ ~ »
εἰκὸς ἐμὲ τούτῳ μὴ ἐθέλειν ὅρκον δοῦναι; οὔπω
/ \ / > \ > dane) ~ / /
τοίνυν πολὺς χρόνος ἐστὶν ἐξ οὗ ἐν τῷ δήμῳ πάλιν
> “ > ~ / « 7
διωμόσατο, μὴ εἶναι αὑτῷ ἐφόδια τῷ γήρᾳ ἱκανά,
410

AGAINST TIMOTHEUS, 65-67

For after I had put an oath in the evidence-box, he
thought that, by taking an oath himself, he could be
quit of the affair. And, if I had not known that he
had flagrantly perjured himself in many solemn oaths
both to states and to individuals, I should have allowed
him to take the oath; but as it was, seeing that I had
witnesses to prove that the persons appointed by him
had in fact received the money from the bank, and
conclusive circumstantial evidence as well, it seemed
to me a monstrous thing to give an oath to one who
would not only take no care to swear honestly, but
who, when it was a question of gain, has not spared
even temples. The specific instances of the perjuries
which he has committed without scruple would make
a long story ; but I will call to your minds the most
flagrant instances and those of which you are all well
aware. You know that he swore in the assembly,
imprecating destruction upon himself and dedicating
his property to sacred uses, if he should fail to indict
Iphicrates as a usurper of the rights of citizenship.
Yet, although he had sworn and promised this in the
assembly, no long time afterwards, in order to serve
his own interests, he gave his daughter in marriage

to the son of Iphicrates. When a man, then, felt no 67

shame in deceiving you to whom he had pledged his
word, though there are laws which declare that, if a
man deceive the people by a promise, he shall be
liable to impeachment,—when, after swearing and
imprecating destruction upon himself, he had no fear
of the gods in whose name he had perjured himself—
was it strange that I was unwilling to allow him to
take an oath? Again, not very long ago, he once
more solemnly declared i in the assembly that he had
not adequate provision for his old age—he, who

VOL. II QE 417

66

DEMOSTHENES

τοσαύτην οὐσίαν κεκτημένος" οὕτως ἄπληστος καὶ
> \ ¢ / > ~ > egos > Ἃ
68 αἰσχροκερδὴς 6 τρόπος αὐτοῦ ἐστιν. ἡδέως δ᾽ ἂν
ἔγωγε πυθοίμην ὑμῶν, εἰ ὀργίζεσθε τοῖς ἀνεσκευα-
σμένοις τῶν τραπεζιτῶν. εἰ γὰρ ἐκείνοις ὀργίζεσθε
~ ΄ ~ >
[1295] δικαίως, ὅτι ἀδικοῦσιν ὑμᾶς, πῶς οὐκ εἰκός ἐστι
A a ~ ͵ὔ
βοηθεῖν τοῖς μηδὲν ἀδικοῦσι; καὶ μὴν διὰ τού-
τους τοὺς ἄνδρας αἱ τράπεζαι ἀνασκευάζονται, οἵ
ἂν ἀπορούμενοι μὲν δανείζωνται καὶ οἴωνται διὰ
\ / / a“ ’ / \ A
τὴν δόξαν πιστεύεσθαι δεῖν, εὐπορήσαντες δὲ μὴ
> ~ > > > ~
ἀποδιδῶσιν, ἀλλ᾽ ἀποστερῶσιν.
“ \ / δι ΝΜ / 9 ΄
69 Ὅσων μὲν τοίνυν, ὦ avdpes δικασταί, ἠδυνάμην
ὑμῖν μάρτυρας παρασχέσθαι, μεμαρτυρήκασί μοι.
” \ \ > / / 6 - ς > /
ἔτι δὲ Kal ἐκ τεκμηρίων δεδήλωκα ὑμῖν ὡς ὀφείλει
Τιμόθεος τἀργύριον τῷ πατρὶ τῷ ἐμῷ. δέομαι
οὖν ὑμῶν συνεισπρᾶξαί μοι τοὺς ὀφείλοντας, ἅ μοι
ὁ πατὴρ κατέλιπεν.

418

AGAINST TIMOTHEUS, 67-69

possesses so large an estate ; so insatiate and grasping
is his character. I should be glad, however, to ask 68
you whether you feel anger against bankers who have
failed. For, if you have reason to feel anger against
them because they do you injury, is it not reasonable
for you to support those who do you no injury?
Surely it is through men like Timotheus that banks
are caused to fail; for when they are in need they
borrow money, and think they should obtain credit
because of their reputation ; but when they are in
funds they do not make payment, but seek to defraud
their creditors.

All matters, men of the jury, in proof of which I was 69
able to provide witnesses, have been proved to you by
witnesses ; further, I have shown you by circum-
stantial evidence that Timotheus owes the money to
my father. I beg you therefore to aid me in re-
covering from my father’s debtors the estate which
he left me.

419

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